Judicial Independence And Accountability In India: A Comparative Constitutional Perspective

Full Text Link

Lakshyta Singh, LL.M., Hidayatullah National Law University

Garvita Singh, B.Com. LL.B., Institute of Law, Nirma University

ABSTRACT

Judicial independence and judicial accountability are two cornerstone principles of the legal system. These principles are often viewed as contradictory to each other. It is believed that something cannot be independent and accountable at the same time. This research paper suggests that independence of judiciary and judicial accountability are indispensable parts of the governing process; separating them from each other would be detrimental to democracy's proper functioning. If one maintains the position that accountability is discordant with independence, one risks overlooking the nuanced link between corruption and independence. Judicial independence is essential for fairness and justice when deciding matters in courts of law, while judicial accountability offers essential safeguards for maintaining public trust and legitimacy in our judicial system. This work will contribute to our theoretical understanding of these principles by investigating if and how accountability mechanisms may violate judges' independence. Using a comparative perspective, this research will examine certain hierarchies to identify successful strategies for implementing judicial accountability while maintaining judicial independence.

Keywords: Judicial Accountability, Judicial Independence, Judiciary, Indian Constitution.

431. JUDICIAL INDEPENDENCE AND ACCOUNTABILITY IN INDIA- A COMPARATIVE CONSTITUTIONAL PERSP

Download JUDICIAL INDEPENDENCE AND ACCOUNTABILITY IN INDIA- A COMPARATIVE CONSTITUTIONAL PERSP • 280KB