From Independence To Accountability: A Critical Study Of The Working Of Indian Judiciary

Nawajish Alam, LL.M., Kazi Nazrul University, Asansol

ABSTRACT

In a democracy like India, independence of judiciary and the accountability also are the prerequisites for the smooth governance of the nation and to administer justice for all. Independent & integrated judicial system is not only one of the salient features of our Indian Constitution but the Independence of Judiciary is also come under the Doctrine of Basic Structure. But, if the independence is unbridled, it will impose a challenge on the Judiciary to establish its accountability towards the ‘People of India’ in administering fair and reasoned decision.

As we all know, every organ of the state whether its Legislature, Executive or Judiciary are entrusted with separate powers in respect of their specific functions. But it doesn’t mean that the Judiciary being independent (i.e., free from any internal or external influence) will be able to destroy ‘rule of law’ through any of the tools & techniques of Judicial Process. In this Article the Researcher wants to explore the various aspects of independent judicial system with regard to judicial accountability and also try to emphasis on the point that the independence entrusted with the judiciary is not absolute in nature and if it is performing its duty without any rein, creates a direct threat towards its accountability.

Keywords: Constitution, Judiciary, Rule of Law, Judges, Judicial Accountability, Independence of Judiciary, Judicial Privacy, Right to Information, Judicial Creativity, Judicial Process, Basic Structure, Reason decision, Natural Justice.