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Source: The post is based on the article “A court of the future: There is need to finetune mechanisms of accountability within judiciary” published in the Indian Express on 12th November 2022.
Syllabus: GS 2 – Structure, organization and functioning of the Executive and the Judiciary.
Relevance: About accountability within the judiciary.
News: The Supreme Court need some course corrections to ensure accountability within the judiciary.
Why does the SC need accountability within the judiciary?
This is because a) The Supreme Court sits in final judgment over decisions not only of the high courts in the states and UTs but also over a hundred tribunals functioning throughout India, b) The verdicts of the Supreme Court, including constitutional amendments, is binding on all other courts and authorities in the country (Article 141), and c) There is virtually no area of legislative or executive activity which is beyond the highest court’s scrutiny.
| Read more: The Court and the problem with its collegium |
How can the Supreme Court ensure accountability within the judiciary?
The judiciary as an institution needs to preserve its independence. To do that the court must strive to maintain the confidence of the public in the established courts.
Enacting a law like the American model: In the United States, under the Judicial Councils Act, 1980, the independence of the judiciary has been undertaken by the judges. The Act protects the higher judiciary from some of its own members who have gone wrong.
The Act confers powers on bodies comprised of judges to take such action against a federal judge “as is appropriate, short of removal.” Indian citizens need the reassurance of a system of judicial accountability. This can be done by separate legislation along the lines of the US model.
Create a case management blue print: Innumerable reports of Law Commissions focussed on all aspects of judicial governance. But due to a lack of a case management plan, high courts are having the largest number of roadblocks and delays.
In the Salem Advocate Bar Association case, the justices had requested the high courts to implement a detailed case management blueprint. The top court has to come up with such a blueprint.
Ensure proper judicial governance:
-The Supreme Court must be entrusted with direct responsibility for the functioning of the high courts. Only then a) The SC be an effective apex court, b) The Supreme Court can be made answerable for judicial governance for the entire country.
-All judges who are constitutionally entrusted with the responsibility of protecting the rights of citizens must also be seen to be persons of righteousness. So, they must make annual financial disclosure statements publicly like the judges in the US.
Be a role model institute: Judges must set an example for ministers, central and state, for members of Parliament and of state legislatures, and for all high officials of government.
