Judicial Accountability and Judicial Independence: The Touchstone of Indian Democracy

Abstract

There was once a time when it was thought that the major issues concerning a judiciary were matters of independence, tenure, the appointment process, and of course, questions of performance and integrity. These matters no doubt continue to obtain but no one can ignore the sea change in emphasis that has taken place in recent times. The Indian judicial experience is unique. Judicial accountability in the first sense was very much in question in the first two decades of the Supreme Court from 1950 to 1973. There were clashes between the Sc’s decisions on property and agrarian and economic reform and Govt.’s view that the SC was unsympathetic and at times hostile to its legislation on such matters. However after 1973 there has been no such problem as the judiciary changed its direction. This paper deals with the first, second and third judges case, and many other historical aspects of judicial independence and accountability. the criticism concept and disciplining of the judges has been discussed. Bangalore principles and latimer house guidelines has been invoked and the Indian concept of judicial accountability and Independence has been analysed in this paper.