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1. “JUDICIAL ACCOUNTABILLITY... PRESENTED BY- VISHAL GUPTA ROLL NO – 239 BA(PROGRAME) (PGDAV MORNING)

2. INTRODUCTION INDEPENDENCE OF JUDICIARY AND ITS MISUSE The famous French philosopher Montesquie had first of all given the idea of the independence of judiciary Separation of power Three characteristics of a independent judiciary

3. Relating, in the context of India, framers of the constitution,uphold basic feature of judicial federalism is its independence. “There can be no difference of opinion in the House that our judiciary must be both independent of the executive and must also be competent in itself. And the question is how these two objects can be secured“. by Dr. B.R. Ambedkar Thus,Judiciary in India enjoys a very significant position since it has been made the guardian and custodian of the Constitution.

4. EXAMPLES SHOWING FEARLESSNESS OF JUDICIARY WHICH HELPED IN BRINGING LANDMARK JUDGMENTS The Naroda Patiya Case :- " Communal riots are like cancer on Constitutional secularism and the incident in Naroda Patiya was a black chapter in the history of the Indian Constitution," the Judge observed. 2G Scam Case:- The Supreme Court has also been monitoring the 2G trial to ensure that there is no political intervention while the CBI conducts its investigation.

5. FEW INSTANCES OF TRANGRESSIONS Delay in judicial decisions. Cash-for-bail Scam Scrutiny for the wealth amassed by his close relatives Resigned ahead of the commencement of the removal proceedings Charges against Justice Sen

6. Constitutional Provisions For Accountability Article 235 Art. 124 (2) and (4) in respect of judges of the Supreme Court and Art. 217, procedure is attracted to the ‘removal’ of judges of the High Court

7. The Judicial Standards and Accountability Bill, 2010:- Highlights of the Bill The Judicial Standards and Accountability Bill, 2010 requires judges to declare their assets, lays down judicial standards, and establishes processes for removal of judges of the Supreme Court and High Courts. Also establishes the National Judicial Oversight Committee, the Complaints Scrutiny Panel and an investigation committee.

8. A Critique:- IN FAVOUR OF “INDEPENDENCE OF JUDICIARY ” Statutory laying down of judicial standards in clause-3 affects the potential for impartial and effective adjudication, violates judicial independence. How it affects the impartial adjudicationn ? A number of possible examples are foreseeable: A judge in favourable of the state in his decision-making. substantive decisions are given in govt’s favour threatening the judges

9. Clause 3(2)(b) prohibits judges from having “close association with individual members of the Bar, particularly with those who practice in the same court in which he is a judge.” Clause 3(2) (f) prohibits judges from expressing views in public on political matters except in a private/academic forum or relating to the administration of a court or its efficient functioning

10. IN FAVOR OF ACCOUNTABILLITY :- Definition of Misbehaviour : Clause 2(j) Clause 33 provides that-“ During the pendency of the inquiry by the investigation committee, the Oversight Committee may recommend the stoppage of assigning judicial work to the Judge concerned in the interest of fair and impartial scrutiny of complaints or investigation or inquiry.” But along with it the elevation and transfer of the judges should also be stopped.

11. RECOMMENDATIONS: W.R.T TO THE BILL:- The section-3 must be amended ->the strict standards should be loosened To make clause 2(j )the clause inclusive. The ‘misbehaviour’ term should not be defined statutorily but instead the power to define it should be vested in the Oversight Committee. There should also be a stoppage of any promotion or elevation of the Judge during the pendency of the complaint as well as a provision to direct the Judge to proceed on leaves . Judgments must be clear and decisive and free from ambiguity, and should not generate further litigation.

12. IN GENERAL Judges must deliver judgments within a reasonable time by following the guidelines given by the apex court. Many cases are filed on similar points and one judgment can decide a large number of cases. Judgments must be clear and decisive and free from ambiguity.

13.  Elimination of “Uncle Judges” Raising judicial salaries can do much to reduce the incentives for judicial corruption. Improving internal reviews and internal ethics complaint procedure. Appointing highly qualified people to be judges- and continuing to give them training about the judicial craft. Strengthening the courts’ enforcement powers and techniques of enforcing judgments Strengthening the courts’ enforcement powers .

14. A graphical representation given by a legal scholar “ Pimentel ” to maintain a balance between independence and accountability:-