Mains Answer Writing
Concept Mapping Mentorship- Covering Syllabus Through Themes
- GS & Optional
Discuss the constitutional framework that ensures the independence of the judiciary in India, particularly focusing on the accountability mechanisms for judges of the Supreme Court and High Courts. How do these mechanisms balance judicial independence with the need for accountability?
Category: Polity (GS -II),
Test Date: 21 Feb 2025
Approach:
- Introduction: Briefly introduce the importance of judicial independence in the Indian constitutional framework.
- Constitutional Provisions for Judicial Independence:
- Articles 124 (for the Supreme Court) and 217 (for High Courts)
- Highlight provisions like impeachment (under Article 124(4) and 217(1)(b)) as the ONLY constitutional route for removal, underscoring the independence of judges from political influence.
- Role of the President in appointing judges and the Collegium System
- Judicial Accountability Mechanisms:
- K Veeraswami case (1991) judgment (while judges are “public servants” under the Prevention of Corruption Act, any investigation against them requires prior sanction from the CJI).
- Mention the mechanism for addressing judicial misconduct and ensuring that judges adhere to ethical standards while balancing their independence.
- Balance Between Judicial Independence and Accountability:
- Wrap up your answer
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