Judicial Independence and Accountability in India: The Way Forward

Abstract

Judiciary is the most sublime instrumentality of biggest democratic polity: India. At the dawn of new era dominated by the East, India strides high on its aspirations, filled with promises of economic affluence and propelled by political influence across the oceans, but unfortunately, its judiciary finds itself at the crossroads. Mountain of caseload rising to the sky at the one end and the scanner of accountability mirrored at the other has set a seemingly irredeemable dichotomy. In this milieu, this research paper tries to highlight the need for counterbalancing both judicial independence and accountability. A necessity of reconceptualization of judicial accountability vis-a-vis independence is stressed. Preconceived conceptual incompatibilities are rejected and natural harmony between both independence and accountability is reasserted. The weakness of the existing regulatory framework combating judicial corruption and indiscipline are critically foregrounded. The dangers of percentile projection of judicial corruption without methodological survey are critically accentuated.