Is Judicial Accountability the Price for Judicial Independence?: The Search for Balance in the Indian Context

  • Devamshu Behl
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  • Devamshu Behl

    Student at O.P Jindal Global University, India

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The behest for a more transparent and rigid State mechanism in order to ensure their accountability has gained immense momentum in recent years. If we talk about Judiciary, The Judicial Independence and Accountability are the two pre-requisites which are required for a transparent judiciary; and if they strike the right balance it enables the judiciary to enjoy both the public confidence as well as be embodied with sufficient power in order to ensure its functioning the way our Constitutions founding fathers intended it to. Our legal system suffers from endemic delays and while is widely perceived to be an expensive affairs, coupled with recent scandals with regards to judges has ended in loss of public confidence. There is a dire need for judicial accountability to arise from within, to ensure a system of operative checks and balances to prevent any unwarranted usurping of power. However, this has been met with resistance from within the judiciary, afraid of encroachment into the realm of its independence. This paper debates the ills which are affecting the Indian judiciary and then makes certain recommendations which can be adopted to ensure greater judicial accountability. “Judges are the essential equalisers. They serve no majority or any minority either. Their duty is to the law and to justice. They do not bend the knee to the governments, to particular religions, to the military, to money, to tabloid media or the screaming mob. In upholding law and justice, judges have a vital function in a pluralist society to make sure that diversity is respected and the rights of all protected.” -Justice Michael Kirby


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 1893 - 1896


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