Judicial Accountability In India

Dr. Zaibby Mann, Assistant Professor, Rayat Bahra College of Law, Patiala.

INTRODUCTION

The Constitution of India is the fundamental law of the land has laid down the provisions for the establishment of Supreme Court and High Courts as watchdog institutions with the sole objective to not only deliver justice in the society but to make it sure that the other two organs of State i.e. Legislature and Executive do not cross their authority and that they discharge their functions strictly in accordance with the powers conferred upon them by the various provisions of the Constitution. In this manner, the judiciary had played a very significant role in the interpretations of the various provisions of the Constitution as well as the other enactments passed by the legislature. It had struck down the executive order, if it violated the fundamental rights of the citizens or if they infringe any other law or constitution in any manner. From the “Basic Structure Doctrine”1 to the “Natural Justice Principle2 ”, from Golak Nath3 to Keshvananda Bharti, our judiciary had packed down a long way to act as a custodian of the constitution rather than acting as a mere adjudicating institution. It is clear from the judicial precedents that our judiciary has saved the democracy due to its absolute independence within the framework of the constitution. With the passage of time, judicial activism and judicial review have also been brought within the ambit of basic structure doctrine. The judiciary became so powerful that it also assumed the powers of making appointments to the Supreme Court and High Courts themselves by creating collegiums systems in Supreme Court and High Courts through judicial verdicts given from time to time and thus it can be said that now it is self-perpetrating oligarchy. There does not exist any effective mechanism for making appointments of judges to the higher judiciary. There is no transparency in the appointment process and thus there is an urgent need to enact some effective enactment to make it accountability without touching its independence in any manner. The judiciary plays a vital role in protecting the constitution. It attempts to mend the damages done by the government and the executive and endeavor to give citizen their right pledged by the Constitution and take into consideration the Directive Principles of State Policy. The law is the base of the democratic system, and the execution of the law lies with the judiciary4 .This is the fundamental component of the constitution, which cannot be changed even after the improvisation of new laws by the parliament. India has a parliamentary government, where each department is engaged in strategy making. In this comprehensive democracy, the judiciary has a vital role to play. The concept of accountability in a republican state, is recollected by everyone whoever exercising public power.