Judicial accountability of high court and supreme court judges in India

Abstract

The judiciary plays a vital role in protecting the constitution. The law is the base of the democratic system, and the execution of the law lies with the judiciary. The standards of transparency and accountability is weak on the grounds that the judiciary has addressed transparency and accountability, in public interest. The judiciary manages the law within legal jurisdiction. They act as the guardians to protect the fundamental rights of the people. newlineThe Courts act as an ombudsman, independent of the executive and the parliament, to dispense justice, and safeguard the executive and the government. There are provisions which authorizes the parliament to modify the Constitution. In 1973, the judiciary knocked down the constitutional amendments made by the parliament for disregarding the constitution. The Judges of the Supreme Court and High Court are appointed by the Collegium system . The law is a self-propagating theocracy. The Constitution does allow removal of the High Court and Supreme Court judges on the ground of impeachment. The law and the judicial system is answerable to general public so as to explain as to Who is responsible for the sorry state of affairs of the High Courts and Supreme Court Judges in India? Solicitor General of India, T.R.Andhyarujina expressed that there is no method of appointment of Judges to the Higher Judiciary, second, there is absence of disciplinary control in removal of a Judge, and thus, it has increased the problems of judicial accountability in India. newlineLately, a list of legal outrages broke out, beginning with Chief Justice Sabharwal s case, and going ahead to the Ghaziabad district court Provident fund scam, the 15-lakh cash-at-judges-door scam of Chandigarh, and the Justice Soumitra Sen case of Calcutta . Some of these have emerged because of the absence of transparency in the selection and appointment of judges. Sometimes, judges are appointed with uncertain background, secretive, ad hoc, illogical, and non-transparent method by the Collegium. Unfortunately, these r