Who Will Judge The Judges?- Rethinking The Legislative Judicial Responsibility In India

Who Will Judge The Judges?- Rethinking The Legislative Judicial Responsibility In India

Dr. Asif Iqubal Shah & Ms. Deborpiya Chattaraj

Abstract

Judicial service is not just a service towards the Judiciary but a noble service towards the society at large. The chair of the Judge is the most coveted position of power and authority in Indian Democracy. The conduct of a man is judged by God above, and by the Judges beneath. Therefore, a Judge is considered the embodiment of a person with the most crucial responsibility on whose judgment rests the fate of others. However, such power is not absolute. Whenever we get power, we tend to misuse it. So, there are several checks and balances to ensure that such power is not overused or misused. This paper critically examines the legislative and judicial trends in India through several statutory provisions and judgments to identify what the legislature has done in this regard. This paper also highlights the concept of Judicial Accountability in India and how far the judges are accountable in reality as compared to the theory. Therefore, as authors, it shall be our humble attempt to highlight the mechanism of Judicial accountability in India and its recent trends, addressing the key challenges and suggesting the way forward for a better, transparent and more accountable Judicial System. Keywords- Judicial Accountability, Independence, Transparency, Legislature, Conduct.