The challenge of holding judges accountable
(Source – The Hindu, International Edition – Page No. – 10)
| Topic: GS2 – Indian Polity – Judiciary |
| Context |
| ● Justice Shekhar Kumar Yadav of the Allahabad High Court delivered a biased speech against the Muslim community at an event organized by the Vishwa Hindu Parishad legal cell on December 8, 2023.
● This raises concerns about the difficulty in holding higher judiciary members accountable for their actions. |
Introduction to Judicial Accountability
- Judicial accountability refers to the obligation of judges to be answerable for their actions, ensuring integrity, transparency, and trust in the judiciary.
- In India, judicial accountability is governed by the Judges (Inquiry) Act, 1968, and is subject to provisions under Articles 124, 217, and 218 of the Constitution.
The Review Mechanism in India
- The review mechanism involves a three-member committee, comprising a Supreme Court judge, a Chief Justice of a High Court, and an eminent jurist.
- The committee investigates allegations of “misbehaviour or incapacity” of judges. However, the process only begins after an impeachment motion is introduced in Parliament.
- The motion requires a two-thirds majority in the Lok Sabha or an absolute majority in the Rajya Sabha for removal from office.
| Case Studies of Impeachment Proceedings |
| Justice V. Ramaswami
● Justice V. Ramaswami, the first judge to face impeachment, was found guilty of extravagant spending on his official residence, including purchasing air conditioners and expensive furniture without due process. ● Despite the committee’s verdict, the impeachment motion failed in 1993 due to abstentions by ruling members, allowing him to continue in office. Justice Soumitra Sen ● Justice Soumitra Sen was found guilty of misappropriating ₹33.23 lakh while serving as a court-appointed receiver in 1983. ● He resigned in 2011 just before the impeachment motion was tabled in the Lok Sabha, avoiding accountability. Justice P.D. Dinakaran ● Justice Dinakaran, facing serious charges of land appropriation, resigned in 2011 before the inquiry panel could complete its investigation, further limiting the scope of accountability. |
Challenges in Holding Judges Accountable
- Judges in India enjoy significant immunity and can escape accountability by resigning before formal proceedings.
- This immunity is greater than that afforded to elected officials, highlighting a gap in the system’s ability to hold judges to account for misconduct.
- Resigning before an impeachment process essentially nullifies the possibility of accountability, undermining public trust in the judiciary.
The Role of Judicial Accountability Campaigns
- The Forum for Judicial Accountability (FJA) has advocated for continued investigations into judicial misconduct, even after a judge’s resignation, to ensure that accountability mechanisms are not circumvented.
- The FJA emphasizes that impeachment is not just about removal but restoring the integrity of the judicial system.
Conclusion
- Judicial accountability in India remains a challenge due to the existing immunity granted to judges and the limitations of the current review process.
- Strengthening the judicial review mechanism and ensuring that judges cannot evade scrutiny through resignation is crucial for maintaining public trust in the judicial system.
- Reforming these processes will help restore confidence in the judiciary and uphold the values of justice and transparency in India.
| Practice Question: Analyze the effectiveness of the judicial accountability mechanisms in India. What improvements are needed to ensure greater transparency and responsibility in the higher judiciary? (250 Words /15 marks) |
