LLM Notes: Challenges of Judicial Accountability and Judicial Law-Making in India

 The problem of accountability of judges and judicial law-making in India revolves around the tension between maintaining judicial independence and ensuring judges are responsible for their decisions and conduct.

Key Issues in Judicial Accountability in India

• Lack of Effective Accountability Mechanisms: The Indian judiciary is largely insulated from external accountability. The only formal mechanism for removing judges of the Supreme Court and High Courts is impeachment, which is highly impractical and rarely used due to its complex and political nature. Other mechanisms, such as in-house procedures for complaints against judges, lack statutory backing and have proven ineffective.

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LLM Notes on Judicial Accountability in India

 Judicial accountability in India is a multifaceted concept that ensures judges are responsible for their conduct and decisions, maintaining public trust in the judiciary. This accountability is balanced with the need to preserve judicial independence, allowing judges to make impartial decisions without fear of external influence.

The Judiciary is not subjected to the same level of accountability as the Executive or the Legislative wings of the Government. The reason is that the principles of Judicial Independence and Accountability are sometimes regarded as fundamentally opposed to one another. Judicial independence is considered ‘an essential pillar of liberty and the rule of law’. So if Judiciary is made accountable to the Legislature or the Executive it will impact its Independence. So special provisions have been provided to ensure judicial accountability.

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