“The fact of the matter is that the judiciary is the only unique institution that has no accountability to the people in a democracy. In this context, it is absolutely essential to involve outside elements in the process of judicial accountability"
Independent judiciary is one of the utmost important ingredients of a vibrant democracy. The constitution of India provides an independent and integrated judiciary .The judiciary has been vested with rights and responsibilities ranging from enforcing the rights of citizens to interpreting and reviewing laws made by the legislature. Over the year judiciary in India has been fulfilling the aspirations and expectation of the people and won their faith in its functioning. The judiciary system in India has been facing the problems of delay in settlement of cases, lengthy and costly court procedures, frequent adjournments and corruption in the rank of judiciary.
The issues relating to judicial accountability were of utmost importance in strengthening democratic institutions and had to be addressed in that spirit .I can't question marked the functioning of the judiciary, but as a citizen of this country and an employee of the H.P state’s government, who has been working for five years in direct public dealing, it is a matter of agony if there is even a whisper of an allegation against a judicial officer. But the fact is that allegations against judicial officer are becoming a reality. One Chief justice he said that only 20% of the judges are corrupt. Another judge has lamented that there are no internal procedures to look into the allegations. Therefore, the necessity of a mechanism in being emphasized by judges themselves .Then the question arises as to how this mechanism would be brought about and as to who would bring it. Similar questions had come up in the past too.
The judiciary seems to be reserving the right to choose plaintiffs too. The Chief Justice of India was recently on record saying that he would not hear social activist Teesta Setalvad or anybody associated with her. I doubt whether the Chief Justice has been recorded properly or not. Can any body of this country be denied being heard in a court of law? I do not know of any procedure known to law or the constitution that would allow this (a denial of hearing before a court of law) You can dismiss something on merit .You cannot say that you would not hear X or Y . I am again raising the doubt weather the Chief Justice has been recorded properly because there are times when lots of people mistake a judiciary observation for a judgment.
The Government of India over the years has been seriously considering the issue of judicial reforms in India. The National Commission to review the working of the constitution setup in year 2000 ,Malimath Committee and recently formed second Administrative Reforms Commission have suggested that it is necessary to regulate the functioning of the judges with respect of their duties through establishing National Judicial Commission in India, which will oversee the matter of judicial accountability. After the recommendations of the Administrative Reforms Commission, there is a stream of opinions in the judiciary that involvement of outside elements would compromise the institution. I do not agree with this argument. Why should you insulate any institution from people's inquiry? In fact, you should make it an open book and ask the people to come and find out whether there is any black sheep in the judiciary. You do not function under the impression that all individuals are inimical to the judiciary or are trying to harm it. After all certain realities have to be accepted .There is nothing greater than the country and there is nothing more important than the people of this country. And thirdly, we have a first class constitution based on parliamentary democracy and one that has stood the teat of time. The fact of the matter is that the judiciary is the judiciary is the only unique institution that has no accountability to the people in a democracy. In this context, it is absolutely essential to involve outside elements in the process of judicial accountability. The spirit should be that we would all work together for the benefit of the country.
When judiciary capitulated during the Emergency, on the basis of its own interpretation of the constitution, it was the people of the country who brought back democracy .An the draconian Acts implemented during the emergency were repealed by the new parliament that was brought by the people of the country. No, I am not imputing motives to anybody in the judiciary for taking that position. It is that they made a genuine error, as we are all prone to from time to time. India has shown the people's alertness to protect democracy in magnificent manner .If the legislature is not doing its job, the people will kick them out .Government have been changed so may times by the people exercising the democratic option. Therefore, it is essential for any vibrant institution to positively respond to these changing trends while upholding its core values and principles. So judicial reforms will not only help itself by reformation but is will help the entire nation, thus it will contribute in the socio-economic development of India in long term. I would only say that it is the time that the various institutions of democracy in the country rediscovered the spirit of united and harmonious functioning without resorting to showmanship.
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