Striking A Balance Between Independence And Accountability Of Higher Judiciary In India

Ayushi Raghuwanshi, LLM, MNLU Nagpur

Introduction

The government has three organs which perform the three essential functions of the government. The legislature makes laws, the executive implements the laws made by the legislature and the judiciary performs the function of adjudication. Thus, the powers and functions are divided between these three organs as per the doctrine of separation of power. Vesting of all the powers in one organ can result in arbitrariness, in order to keep a check on the government; every organ exercises a check on the other organ. This ensures accountability of the governmental organs.

In fact the main driving force behind this is based on the common saying that “power corrupts man and absolute power corrupts absolutely”. In the words of Montesquieu, “Constant experience has shown us that every man invested with power is apt to abuse it and to carry his authority until he is confronted with limits”

The judiciary here plays an important role in maintaining the constitutional balance between the functioning of different governmental organs. “The judiciary keeps a check on the functioning of the Legislature and the Executive and thus ensures that they work within the four corners of the Constitution1”. “The system of checks and balance amounts to bring in constitutionality in the functioning of the organs of the Government which makes them accountable for their work. The Constitution of India also recognizes certain Fundamental and Constitutional Rights and the duty of the protection of these rights lies on the judiciary, who is the protector besides also being the guardian of the Constitution2”.