Judicial accountability in India: A myth or reality
Dr. Jetling Yellosa
The judiciary is one of the three organs of the state. The article 12 of the Constitution of India though provides meaning of the state purposefully does not contain the word judiciary. This kind of leaving of the word judiciary is purposefully done by the Constituent Assembly to accord special and independent status to the judiciary. The Oxford Dictionary of English Language defines the word ‘accountable’ as ‘responsible for your own decisions or actions and expected to explain them when you are asked. Accountability is the sine qua non of democracy. Transparency facilitates accountability. In modern period no public institution or public functionary is exempt from accountability. The Constitution of India guarantees the special status to the judiciary as it is an essential wing of the State, it is also accountable. Judicial accountability, however, is not on the same plane as the accountability of the executive or the legislature or any other public institution. The people turn to the judiciary as it is the last bastion of hope to redress their problems when their elected and executive authorities have failing in their duties. It is pain to note that even the some of the officers in judiciary are sailing in same directions as the elected representatives and executive authorities in neglecting their sacred duties. The independence and impartiality of the judiciary is one of the hallmarks of the democratic system of the government. The Constitution of India provides many safeguards to maintain the independence of judiciary. The author in his paper focuses on judicial accountability at higher echelons of judiciary in our country. Already there is laws are available to maintain judicial accountability but they are perfect enough to meets of the day. The governments in time and again framing such laws to strengthen judicial accountability in such direction it is enacted a comprehensive act.