[Answerd] Critically evaluate the existing mechanisms for judicial accountability in India and suggest measures to strengthen them while preserving judicial independence, to better serve as ‘Guardians of Justice’.

Introduction

The Indian judiciary, often hailed as the “Guardian of the Constitution”, plays a pivotal role in upholding rule of law, constitutional morality, and citizen rights. However, growing concerns around opacity, delayed justice, and allegations of misconduct have amplified the demand for robust judicial accountability, without compromising its independence, a cornerstone of democracy.

Existing Mechanisms of Judicial Accountability

1. In-House Mechanism: A confidential process adopted by the Supreme Court to inquire into misconduct. Lacks transparency, enforceability, and public trust.
2. Judges (Inquiry) Act, 1968: Provides procedure for impeachment under Article 124(4). However, no judge has ever been impeached despite serious allegations (e.g., Justice V. Ramaswami, Justice Soumitra Sen). The process is cumbersome, political, and rare.
3. Contempt of Courts Act, 1971: Used to silence criticism, raising concerns about judicial overreach and chilling dissent.
4. RTI Act, 2005: Subhash Chandra Agarwal v. CPIO, SC (2019): Supreme Court brought CJI’s office under RTI. However, responses remain selective, and operational transparency is still limited.
5. Code of Conduct for Judges (1997): A voluntary code lacking statutory backing or penalties.

Challenges in Ensuring Accountability

1. Opaque Collegium System: No formal criteria, minutes, or accountability. Criticized by Law Commission (230th Report) and Second ARC.
2. Post-Retirement Appointments: Risk of bias in judgments (e.g., Justice Ranjan Gogoi’s Rajya Sabha nomination). Undermines perceived impartiality.
3. Delays and Pendency: Over 5 crore cases pending (NCRB, 2024), yet judicial performance reviews are absent.
4. Lack of Complaint Redressal Body: Citizens have no institutional mechanism to file complaints against judges.

Way Forward: Strengthening Accountability Without Eroding Independence

1. Establish a National Judicial Complaints Commission: Independent body to probe complaints against judges. Recommended by the Judicial Standards and Accountability Bill (2010).
2. Reform Collegium through NJAC-like Transparent Framework: Incorporate civil society and bar members. Ensure objective, merit-based appointments.
3. Judicial Performance Review & Declaration of Assets: Annual reporting of judgments delivered, delays, and asset declarations.
4. Statutory Backing for Code of Conduct: Convert advisory codes into enforceable regulations.
5. Bar Post-Retirement Appointments for Two Years: Uphold impartiality and constitutional detachment.

Conclusion

Accountability and independence are not mutually exclusive but mutually reinforcing. A judiciary that is answerable yet fearless can best serve as the “Guardian of Justice” in India@2047. Judicial reforms must aim to institutionalize transparency, restore public trust, and strengthen constitutional values while preserving its independence.