JUDICIAL REVIEW AND ACCOUNTABILITY: SUSTAINABILITY COURT OVERSIGHT
Abstract
The proper administration of justice system being an intrinsic value of rule of law and constitutional governance fundamentally lies with judicial accountability. Though the Indian constitutional jurisprudence is considerably developed in line with international judicial standards, still Indian legal system lacks adequate standard relating to judicial accountability and Code of Ethics and judicial review. The inadequacy and inefficiency of the system are evident from the very few cases reported against judges despite prevalence of suspicion of corrupt and unethical practices among the judges. This tendency of non-reporting of the cases is reasonably high and relatively complex on account of apparently proved unworkable and unfeasible constitutional mechanism against judges in India. In this context, the first part of the paper conceptualises judicial accountability considering different dimensions and core elements of judicial accountability. The second part of this article presents theoretical aspects of the interrelationship between judicial accountability and judicial independence highlighting their similarities and disparities. Focusing on current constitutional as well as the statutory status of judicial accountability and with the help of descriptive as well as analytical methodology later part of the paper explores the Indian legal system on judicial accountability followed by the critical analysis of the same. Over the past few decades, the Indian judiciary has remarkably contributed for the development of the constitutional governance and rule of law. The researchers also argues that the Indian legal system shall be further streamlined in line with the best practices of the other countries.
Keyword : Justice, Good Governance, Indian Judiciary Transparency, Accountability.
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References
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