JUDICIARY AND ACCOUNTABILITY IN THE INDIAN DEMOCRATIC FRAMEWORK
DOI:
https://doi.org/10.25215/9371832142.26Abstract
The judiciary in India, as a guardian of the Constitution, plays a pivotal role in upholding the rule of law and protecting citizens' rights. However, its immense power raises critical questions about accountability mechanisms within a democratic framework. This study critically examines the tension between judicial independence and accountability in India, analyzing constitutional provisions, self-regulation practices, and external oversight mechanisms. The paper explores key issues including judicial appointments (Collegium system vs NJAC), standards of judicial conduct, impeachment procedures, and growing concerns about transparency in the judiciary's functioning. It evaluates mechanisms like public opinion, media scrutiny, parliamentary discourse, and judicial activism's impact on accountability. Through an analysis of landmark cases and recent controversies, the study assesses whether current accountability structures strike an appropriate balance between preserving judicial independence and ensuring democratic accountability. The findings suggest that while judicial independence remains crucial for India's democracy, there is a pressing need for institutional reforms to enhance transparency, establish robust ethical standards, and create effective checks without compromising judicial autonomy. The paper concludes with recommendations for strengthening accountability while safeguarding judicial independence in India's evolving democratic landscape.Published
2025-07-12
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