Details

  • Home -
  • Blog Details
research
  • 19 Oct
  • 2024

Judicial Accountability “Justice Seen to be done”

Judicial Accountability

“Justice Seen to be done”


In the light of our Great Constitution of India the Article 235 states that,“to establish accountability as a necessary component of judicial Independence”. This clause give the high court the authority to exert control over the lower courts in order to guarantee their accountability.

“Judicial accountability constitute the linchpin of democratic governance, fortifying the sacrosanctity of justice and safeguarding the inviolable rights of citizens. Untrammeled judicial power can precipitate arbitrariness, subverting the rule of law and eroding public confidence. Accountability ensures that judges remain cognizant of their constitutional obligations, upholding the integrity of the judiciary and maintaining the delicate equipoise of power. Through transparency and oversight, accountability mitigates the risks of judicial overreach, fostering a culture of responsibility and accountability within the judiciary.”

The term judicial integrity is just an oxygen of democracy, necessitates unwavering accountability – its life saving blood. An independent judiciary, unshackled by external influence, is the cornerstone of democratic governance. Unfettered by political machinations, judges must uphold the Constitution’s sanctity, ensuring justice is dispensed impartially. Accountability fortifies judicial integrity, precluding the specter of favoritism and bias. Through transparency and oversight, judges remain accountable to the law, the people and their own conscience. This sacred symbiosis ensures democracy’s very fabric remains intact, safeguarding the rights of citizens and upholding the rule of law.”

The actual meaning is believe and public confidence in the ethical standards of the Judge. It means public confidence that Judges are not interested parties to the legal battle and that they are not fighting for their own power, but to protect the Constitution and democracy.

In the words of Lord Hewart (U.K.): Justice should not only be done, it must be seen to be done. Enlightening this statement the justice is not what is the mere verdict pronounced by the judges but it is the actual act done for the benefit of the society an example to which one can look-up for in the future course of transactions. 

The Judges- are held accountable for their actions.The Indian Judiciary a corner stone of democracy, requires accountability mechanism to ensure judges actions align with the Constitution.

Accountability – comprasies of 4 core components:-

1. Participation

2. Evaluation

3. Transparency 

4. Feedback mechanisms

This explains that accountability is achieved when goals actually exist, ownership is delegated transparent evaluation occurs, complete transparency ensues and regular feedback are taken for the better improvement for best results.

“Transparency in justice system which include both bar and bench constitutes the sin qua non ofdemocratic governance, crystallizing the judiciary’s accountability to the populace. The venerable Justice Ruth Bader Ginsburg’s sagacious observation resonates profoundly: ‘The decision-making process must be transparent, so that the public can understand the reasoning behind the decisions.’ Transparency irradiates judicial deliberation, obviating the specter of bias, arbitrariness and authoritarianism. Open courts, accessible records and lucid communication foster an environment of trust, buttressing the legitimacy of the justice system.”

“Transparency in general serves as the central component of judicial integrity, galvanizing the pursuit of justice and equality.As the illustrious Judge Oliver Wendell Holmes Jr. in his words said; “the best test of truth is the power of the thought to get itself accepted in the competition of the market.” Transparency ensures that judges remain cogent, reflective and mindful of their constitutional obligations, thereby upholding the sacrosanct principles of justice.”

“In conclusion, the indomitable nexus between accountable bar and bench, a robust democracy is unequivocally established. A judiciary that embodies transparency, accountability and impartiality is the sine qua non of a vibrant democracy, fostering an environment of trust and legitimacy.”

As Justice Louis Brandeis sagaciously observed, “Sunlight is said to be the best of disinfectants,” underscoring the transformative power of transparency in maintaining judicial integrity and eradication the specter of corruption.

The accountability of judges serves as a stalwart bulwark against judicial overreach, ensuring that the separation of powers remains sacrosanct and unassailable. In the words of Justice Ruth Bader Ginsburg, “A judiciary independent of politics is essential to democracy,” highlighting the imperative of judicial autonomy in safeguarding democratic values.

By fostering a culture of accountability and transparency within the judiciary, we can fortify public trust and confidence in the democratic system. As the renowned jurist Oliver Wendell Holmes Jr., aptly noted, and said in his particular words that, “The best test of truth is the power of the thought to get itself accepted in the competition of the market,” for the same “emphasizing the significance and intellectual rigor and critical discourse in the pursuit of justice.”

Ultimately, accountable judges as well as lawyers are the major pillar of a strong, democracy, upholding the principles of justice, equality and fairness. Let us strive to create a judicial systemthat embodies these ideals, ensuring that justice is served in an unbiased and equitable manner.