Judicial Independence & Accountability: The Indian Scenario

Judy Ann Thomas, LLM, Department of Law, University of Calicut

ABSTRACT

Every democratic country adopts various means to ensure freedom of the judiciary thereby ensuring individual freedom. The framers of the constitution envisioned a democratic nationthrough the guarantee of fundamental rights to its citizens, being the cornerstone of democracy, the presence of a strong, independent, accountable and efficient judiciary is of utmost importance in achievingthe preamble objectives and constitutional goals. This research paper explores the interplay between judicial independence and accountability within the Indian judicial system. Recognizing the significance of an impartial judiciary in upholding democratic principles and safeguarding fundamental rights. The paper examines the historical roots of judicial independence, emphasizing the influence of Montesquieu in shaping this concept. The research highlights the need for an impartial and transparent mechanism for monitoring judges' conduct, decision-making, and their role in upholding the public's faith in the judiciary. The study discusses the challenges and dilemmas posed by this interplay between independence and accountability. In conclusion, the paper asserts that maintaining a harmonious equilibrium between judicial independence and accountability is essential to ensure the effectiveness and credibility of the Indian judicial system.

Keywords: Judicial Independence, Judicial Accountability, Indian Judiciary, Transparency, Credibility, Impartiality.