Abstract

The author has examined the dichotomy between judicial independence and judicial accountability in the context of the collegium system. This issue is important because of the contemporary debates on the need for judicial accountability in the appointment of judges in the higher judiciary. The author has explored the need for judicial accountability in the appointment process of judges. The author argues for a harmonious balance between judicial independence and judicial accountability by bringing in reforms in the way appointments to higher judiciary are executed. For such, The methodologies employed are descriptive analysis and normative argumentation. The structure of this paper is as follows: In Part I, the author has given a brief doctrinal justification for judicial independence. Building on this, in Part II, the author has elucidated the importance of judicial independence by looking at the collegium system. In Part III, the author has substantiate the need for judicial accountability in the appointment process. In Part IV, Building on the need for judicial accountability, the author has made a case for transparency and diversity in the appointment process via the collegium system. Finally, in Part V, the author concludes by asserting a harmonious balance between judicial independence and accountability.

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