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Judges’ Dilemma: On the Judiciary, its Accountability
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Context
The Lokpal’s ruling that High Court judges are under its jurisdiction has sparked controversy, with the Supreme Court staying it. The issue involves a balance between judicial independence and accountability, raising questions about the judicial system's oversight mechanisms.
The Lokpal’s Jurisdiction over High Court Judges
- Judicial Independence and Accountability: The Lokpal ruling that High Court judges are public servants under the Prevention of Corruption Act, and hence, subject to its jurisdiction, challenges traditional views on judicial independence.
- High Court Judges as ‘Public Servants’: The Lokpal's interpretation of judges as ‘persons’ within Section 14 of the Lokpal Act implies that even High Court judges can be scrutinized for corruption.
- Supreme Court's Stand: The Supreme Court's decision to stay the ruling, as well as previous rulings like Veeraswami, underline the concern that making judges amenable to external oversight could undermine judicial autonomy.
The In-House Procedure for Judicial Accountability
- Internal Mechanism for Complaints: Currently, corruption complaints against judges are reviewed through an in-house procedure, initiated only if the CJI or relevant authorities receive a complaint.
- Limited Accountability Measures: The existing measures allow for actions such as transfer or removal of judges, but corruption charges are rarely disclosed or acted upon in public.
- Need for Reform: The article suggests that the current mechanism may need reform to allow for more transparent and independent action, including prosecution under the Court's supervision.
The Debate on Judicial Accountability
- Importance of Equal Accountability and Independence: There is a delicate balance between maintaining judicial independence and ensuring accountability for corrupt practices.
- Challenges in Current Mechanism: The existing internal review system might not be sufficient to address credible corruption charges against judges, potentially undermining public trust.
- The Need for Reform: The issue calls for serious reflection on whether the present mechanisms are adequate or whether more stringent measures, such as independent prosecution, are necessary for maintaining both integrity and independence in the judiciary.
Practice Question:
Q. The debate over the accountability of judges versus their independence raises critical questions on the functioning of the judiciary. Discuss the implications of the Lokpal’s ruling on High Court judges and the existing mechanisms for judicial accountability in India.
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