Essay, Paragraph or Speech on “Judicial Accountability” Complete Essay, Speech for Class 10, Class 12 and Graduation and other classes.

Judicial Accountability

The sturdy pillar of Judiciary is shaking. Once thought to be incorruptible. Indian Judiciary has, of late, faced many allegations and charges of misusing the enviable pedestal they occupy in our country. This, is perhaps, what prompted the Chief Justice of India, Mr. Justice K.G. Balakrishnan to quietly shoot off letters in August to the CJIs of all the High Courts in the country to give practical meaning to an 11-year–old apex judicial resolution-judges must declare their assets. The CJI also sent along with the letter a copy of the Restatement of Values of Judicial Life, a 16-point set of guidelines on the dos and don’ts for judges to the Chief Justices of the High Courts, requesting its circulation among all the 600-odd judges, and its diligent observance to make the Judiciary stronger and respected. The apex judicial resolution, attached with the letter, said, “Every judge should make a declaration of his/her or spouse or dependents, within a reasonable time of assuming office.” This is also applicable to sitting judges, the resolution clarified.

After giving the information about their assets, the judges were to make additional declarations every time they acquired additional property or made further investments if they were of “substantial nature”, assuring them that they would not be for public consumption and that they would remain confidential. The CII has also promised tought measures against “black sheep in judicial robes”.

Judges in the Dock

The immediate provocation for this missive appeared to be the case of Justice Sumitra Sen of Calcutta High Court for alleged misappropriate of Rs. 50 lakh. And the CJI has recommended to Prime Minister Manmohan

Singh for his removal as Justice Sen rejected the advice to resign or seek voluntary retirement after he had been found guilty of the misconduct in an in house inquiry. If removed, Sen would be the first such judge to be impeached since the Constitution came into force on Jan. 26. 1950. The move comes at a time when allegations of corruption against judges are on the rise. Earlier, an attempt to impeach Supreme Court Judge V. Ramaswami failed in 1993 after all 205 MPs of the ruling Congress party abstained from voting on the motion. According to the Constitution, the motion must have a simple majority of the House and two-thirds of those present. Many skeletons have tumbled out of the judicial cupboard since then.

PM’s Concern

With Judiciary reeling under the embarrassment of allegations of corruption facing several of its members, Prime Minister Manmohan Singh has called for “introspection”on judicial appointments. And this is not the first time the Prime Minister has expressed his anxiety about the falling standards. This time, however, they may have greater resonance.

The Prime Minister’s views were echoed by Law Minister H.R. Bharadwaj on Sept. 23, when he questioned the procedure for appointment of Supreme Court and High Court Judges, saying that the “quality of some of the judges selected over the years was questionable”. His remarks came a day after the Supreme Court asked the Central Bureau of Investigation to probe the Ghaziabad Provident Fund scam case involving 36 judges. Mr. Bharadwaj said the system of selection by a committee of judges (collegium) had failed. “In a bid to maintain its supremacy, the judiciary tried to rewrite the law through a Supreme Court judgement in 1993, which gave them the powers for appointments and transfers. Merit has been ignored while give-and-take has thrived in the collegium system.”

Intemperate Outbursts

The Judiciary is also infamous for its outbursts against the Executive, calling the entire system of governance “corrupt” and exclaiming, “God alone will have to help this country, “adding, “Even God will not be able to help this country…Our country’s character is gone.” These undignified remarks have obviously riled the Executive. Added to this are the admonitions to the media, and pulling up senior counsel and former Law Minister Shanti Bhushan for behaving “like a street urchin”, and telling the police, “You need huntering to make you work.”

This is certainly not what is expected of sophisticated judges occupying the highest seats in Judiciary. It pulls down their stature while castigating others who do not toe the line.

Such belligerence is reminiscent of the days during Emergency (1995-77) when one talked of “committed judiciary” and “committed bureaucracy”. The rot that set in at that time continues till this day. Something, indeed, is “rotten” in the state of Denmark and unless immediate measures are taken to stem the rot, a day is not far off when we shall cease having any faith in the hitherto considered impregnable Judiciary.