WHAT IF THE CHAIR IS WRONG? CONCEPT OF JUDICIAL ACCOUNTABILITY

India being a democratic country has three important pillars legislature, executive, and judiciary. In any democratic country, all the pillars are supposed to be accountable to the people. In India legislature and executive are accountable but not the judiciary. The judiciary is that branch of government that arbitrates and adjudicates legal disputes, defends, and applies the law. It administers justice according to the law. 

The judiciary in our country is an independent body which means it is out of the control of the Legislature and the Executive. Independency of the judiciary is requisite and paramount in a democratic system. Independency of the judiciary means not having dependency on any other body of the government i.e. absence of any outer control or support.

The role of the judiciary is to provide justice to the citizens of the country, it is on the judges that how to provide justice knowing that justice should be provided to each and every citizen of the country, therefore accountability of the judiciary comes into the picture.

Accountability of the judiciary means taking responsibility for their own actions and decisions. Accountability is one of the important aspects of independence. 

Judiciary which is one of the most important pillars of the government should be held accountable for disparaging principles within it that have given rise to dreadful effects on the country and its citizens. Some of the basic morals and principles that every judge should abide by and follow while conducting in the court are:

• Honest decisions: The main reason for the judiciary to be accountable is due to prejudice involved in judicial pronouncements. A judge should be neutral in his decision and unbiased, making sure that justice is provided to each and every individual.  
• Obeying the principles of natural justice: The judges should abide by the two main rules of principles of natural justice which are Audi Alteram Partem and Nemo judex in causa sua in every decision taken by him. This eradicates any type of unreasonable and illegal action by the judges along with being unbiased.
• Administration of justice: One of the moral principles of all the judges is to provide justice without any kind of pressure and influence. 

Some of the challenges in executing judicial accountability are as follows.

• One of the essential challenges to the pronouncement of judicial accountability is that the judiciary is an independent body and the independence of judges cannot be done away with. 
• Impeachment is the only process through which a judge can be removed, and this process requires numerous hurdles which is one of the challenges in carrying out judicial accountability
• The impact and supremacy of politics in the judiciary is another challenge for the judiciary to work with solidarity. The judges are largely dominated by the political bodies of the country due to which there is the absence of transparency in decision-making. This again is a challenge for the judiciary to execute accountability.

There is a very strong need for judicial accountability. The urge for stronger judicial accountability in today’s scenario is coming to light due to the following factor:

• Change in public belonging demands: In a democratic country like India more and more people are seeking education which in turn is increasing awareness among people of their rights and duties. The urge and eagerness to know how things are being regulated in the country is required by increasing the accountability of public officials which includes the judiciary.
• Absenteeism of remedies for modulating misbehaviour among judges: It is seen that in several proceedings and while declaring judgements there is no remedy for regulating the bad and ill behaviour among the judges except in the process of impeachment which is a lengthy process. The absence of this remedy calls for a judicial accountability 
• Judicial procedure’s legitimacy: Constitution legitimacy is important to be present and obeyed in every decision taken by the judges and any law which is passed by the judiciary. The judiciary should be made accountable to ensure legitimacy and to make sure that the decisions made by the judiciary is being obeyed by the constitution of India
• Standard of the judges practicing in the court: The qualifications and achievements of judges of supreme court and high court are being kept in private. Sometimes the judges are even appointed by strong political connections, biases which are disadvantageous for our judiciary. To avoid this wrongful act in future there is a need for strong judicial accountability.
• The need of efficiency: Compared to the present number of judges in supreme court of India, there are a very few judgements passed by the court which have really brought a change and a difference in our country. Therefore, this system calls for efficiency in the judges. Judicial accountability will help in keeping an eye on judges and their activities which will in turn restore efficiency.
• The need of transparency: Judiciary, the only organ which provides justice to the citizen of the country. In order to achieve this role of the judicial system there needs to be judicial accountability on the part of judicial system. 

Judicial independence basically guarantees the systematic delivery of justice to each and every citizen. Judges are expected to safeguard the law and provide justice without any bias or prejudice. Judicial accountability as discussed above means taking responsibility for their own actions and decisions which have an impact on the country.

These terms may seem exact opposites of each other but have similar importance in our judiciary system. A balance between judicial independence and judicial accountability is one of the reasons for judicial accountability.

Judicial accountability is an important element in bringing in fair and unbiased hearings similar to judicial independence which encourages free and transparent hearing by the judges. These both concepts aim to bring about courage and morality in the judiciary in order to increase efficiency in the judicial system.

Judicial independence and judicial accountability compete against each other, instead, it should be synchronized together in order to bring neutral and unbiased justice to the citizens of the country.

Judicial accountability is a part and an essence of judicial independence and only through balancing and bringing these two concepts together, can strong judicial accountability be bought into the country.