PROJECT

CONSTITUTIONAL GOVERNANCE- II

On
JUDICIAL ETHICS VIS A VIS JUDICIAL ACCOUNTABILITY AND ITS IMPACT
ON JUSTICE DELIVERY SYSTEM IN INDIA : A CRITICAL ANALYSIS

Submitted to:

MRS. RAJPUT SHRADDHA BHANUSINGH

Assistant Professor
Faculty of Constitutional Governance- II
Submitted by:

DEVRAJ SINGH
Roll No 58

Semester IV,

Section A

Submitted on:

5THAPRIL, 2021

HIDAYATULLAH NATIONAL LAW UNIVERSITY UPARWARA

POST, ABHANPUR, ATAL NAGAR, RAIPUR (C.G.) - 492002

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 TABLE OF CONTENT

S No. Particulars Page No.

1. Introduction 3
2. Research Methodology 4-6
a. Problem of the Study 4
b. Rationale of the Study 4
c. Objectives of the Study 4
d. Review of the Literature 4
e. Concept and Variables 5
f. Hypothesis 5
g. Research Design- Nature of Study, Sources of 5
Study
h. Chapterization of the Study 5
i. Time Duration of the Study 6
j. Limitations of the Study 6
k. Contributions of the Study 6
3. Chapterization 7-11
Chapter 1- JUDICIAL ACCOUNTABILITY 7-8
Chapter 2- IMPORTANCE OF JUDICILA 9
ACCOUNTABILITY
Chapter 3- IMPACT OF JUDICIAL ACCOUNTABILITY 10-11
ON JUSTICE DELIVERY IN INDIA
4. Major Findings and Conclusion 12
5. Bibliography 13

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 INTRODUCTION
There are three wings of the Indian government – Legislature, Executive and Legal
executive. They perform three essential elements of making rules, utilization of rules also,
arbitration of rules separately. The primary guideline behind such dividation of capacities is
"Detachment of Powers" which brings responsibility and keeps the government controlled
and consequently our privileges and freedoms are defended. The principle subject behind this
is 'Force ruins man and supreme force debases totally'.

As portrayed by Montesquieu, "Steady experience has shown us that each man contributed
with power is able to mishandle it, and to convey his position until he is defied with limits'. In
short outright force without responsibility prompts

debasement. In India, debasement has consistently been in spotlight. Mr. Kofi Annan, the at
that point Secretary General of the United Nations, in his foreword to the UN

Show against Corruption expressed, "Defilement is a slippery plague that has a

wide scope of destructive impacts on society. It subverts majority rule government and the
standard of law, prompts infringement of basic freedoms, misshapes markets, dissolves the
nature of life and it permits coordinated wrongdoing, psychological oppression and different
dangers to human security to prosper." However as of late what drew our consideration is the
defilement allegations demanded against judges.

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 RESEARCH METHODOLOGY
PROBLEM OF STUDY

1. What do you mean by the Judicial accountability?

2. What is the impact on Justice delivery system due to Judicial accountability?

RATIONAL OF STUDY

The reason of this study is to mainly find out the importance of Judicial Accountability and
along with this the reason is to get proper knowledge of the Objective and Importance of
Judicial Accountability.

OBJECTIVE OF THE STUDY

1. To understand the concept and meaning of the Judicial accountability.

2. To understand the importance and objectives of the Judicial accountability.

REVIEW OF LITERATURE

1. M.R. Sreenivasa Murthy, K. syamala, JUDICIAL ETHICS VIS A VIS

JUDICIAL ACCOUNTABILITY AND ITS IMPACT ON JUSTICE DELIVERY
SYSTEM IN INDIA : A CRITICAL ANALYSIS , National University of Study and
Research in Law, Ranchi,
https://www.ijrrjournal.com/IJRR_Vol.7_Issue.6_June2020/IJRR0056.pdf
It explains the concept of Judicial Accountability. This article mainly focuses on its working
in India and also explains the importance and about the objectives of Judicial Accountability.
2. V R Krishna Iyer, JUDICIAL ACCOUNTABILITY TO THE COMMUNITY:
A DEMOCRATIC NECESSITY, JOURNAL ARTICLE,
https://www.jstor.org/stable/41498506?seq=1

This article is the study about the concept of Judicial accountability, and the sources of
the Parliamentary privileges. The author has very well articulated about all the necessary
information for the Historical background of this topic. The author also pays attention in
the Impact of Judicial accountability on Justice delivery in India.

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 CONCEPTS AND VARIABLES

1. PRIVILEGE : a unique right, advantage, or immunity granted or available only to

one person or group.

HYPOTHESIS

Steady experience has shown us that each man contributed with power is able to mishandle it,
and to convey his position until he is defied with limits'. In short outright force without
responsibility prompts debasement.

RESEARCH DESIGN

Nature of the Study: This research is based on the analytical study of Judicial accountability
and its impact on Justice delivery in India.

Source of data: This research is done with the help of secondary data, Secondary
information has been obtained from published sources such as books, articles, newspapers,
official government publications, etc.

Method of data collection: Data has been taken from secondary sources and governments
own sites and data used in projects are authentic.

Citation used: Uniform mode of citation, 19th Blue Book Edition is used throughout the
project and cited accordingly.

METHODOLOGY OF THE STUDY

This project work is descriptive. It is mainly based on secondary and electronic source of
data. Internet and other references as guided by faculty of Constitutional Governance- II are
primarily helpful for the completion of this project. My research methodology requires
gathering relevant data from the specific books and other online sources. Several magazines
and reports and journal are used in this study.

CHAPTERIZATION OF THE STUDY

This project consists of 3 Chapters which are as follows:

1. CHAPTER 1: JUDICIAL ACCOUNTABILITY

2. CHAPTER 2: IMPORTANCE OF JUDICIAL ACCOUNTABILITY.
3. CHAPTER 3: IMPACT OF JUDICIAL ACCOUNTABILITY ON JUSTICE DELIVERY IN INDIA.

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 LIMITATION OF THE STUDY

The study has been collected through secondary sources available and hence it is critical in
nature and limited to their findings and conclusions. Moreover, the focus is on the Judicial
accountability.

TIME DURATION OF STUDY

This research project was for the academic purpose and took around 3 to 5 days for
completion including the collection of secondary data from internet, articles, newspapers and
various other sources which were relevant.

CONTRIBUTION OF STUDY

Study regarding this research helped me to know about the impact of judicial accountability
on Justice delivery in India.

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 CHAPTER 1

JUDICIAL ACCOUNTABILITY

Judicial accountability is an end product truth of the autonomy of the legal executive.
Basically, responsibility implies taking obligations regarding your activities and choices. By
and large it implies being dependable to any outside body; some demand responsibility to
standards or to oneself instead of to any authority with the force of adjustment or discipline.
Since responsibility is one of the part of

freedom which the constitution gave in Article 235. The 'control' of the High Court over the
subordinate legal executive obviously demonstrates the arrangement of an successful
instrument to authorize responsibility. Subsequently entrustment of control over subordinate
legal executive to the High Court keeps up freedom as it is not one or the other responsible to
the leader or the council. The arrangement of the troublesome cycle of prosecution is likewise
coordinated towards this objective. With the exception of outrageous cases, the shortfall of
any instrument for the higher legal executive is on the grounds that the designers of the
constitution felt that 'settled standards' and 'companion pressure' would go about as sufficient
checks. Anyway it didn't occur totally as such since the legal executive is neither justly
responsible to individuals nor to the other two organs. The Hon'ble Supreme Court
appropriately declared that "A solitary deceptive appointed authority disrespects himself and
shames his office as well as imperils the honesty of the whole legal framework." This carries
us to feel that for what reason do we need responsibility. A mission gave by individuals' show
on Legal Accountability and Reforms had referenced, " The legal arrangement of the country
a long way from being an instrument for securing the privileges of the frail and the abused
has become an instrument of badgering of the everyday citizens of the country. The
framework stays broken for the powerless and poor people (and has been) showing their
elitist predisposition.

Three advancements done by legal responsibility:

1. It advances law and order by preventing conduct that may bargain legal autonomy, honesty
and fair-mindedness.

2. It advances public trust in judges and legal executive.

3. It advances institutional duty by delivering the legal executive receptive to the necessities
of the public it fills in as a different part of the public authority.

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The cycle of responsibility encourages straightforwardness. It very well may be best
accomplished when one is responsible to law. The current arrangement of responsibility is
fizzled, and thusly developing debasement is destroying the vitals of this part of majority rule
government. This absence of responsibility is scrutinized by Pt. Nehru in a criticism, "Judges
of the High Court sit on ivory towers far eliminated from standard men and know nothing
about them." Judges are granted the picture of demi god's. All things considered judges are
additionally people fit for committing errors and submitting indecencies. Yet what turned out
badly? The issue in making the legal executive responsible is talked about underneath which
will help us in understanding the issue and later discover answers for accomplish it.

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 CHAPTER 2

IMPORTANCE OF JUDICIAL ACCOUNTABILITY

In a 'Democratic republic' power with responsibility of the individual appreciating it, is

fundamental to keep up any equitable framework. The responsibility ought to be thorough to
incorporate the legislators, yet additionally the administrators, judges also, every single
individual presented with power. Force and position in a majority rules system accompany
obligation, and each open office should remain continually responsible to individuals, who
are the storehouse of political power.

Thanks to courts, the legal framework manages the organization of equity. Judges are the
individuals who manage the courts. They are most certainly not simply obvious images of
courts yet they are really agents in fragile living creature and blood. The habits in which
judges release their obligations, decide the picture of courts just as the validity of legal
framework. In India since prehistoric time judges have been held in high regard. Yet, as of
late because of some disagreeable cases individuals are gradually losing confidence in legal
executive and are bringing law into their hands. It is profoundly vile. Accordingly it is needed
to make legal executive responsible, as disparagement of qualities in legal executive is
excessively expensive than in some other wing of the public authority as legal executive
needs to go about as the watchman of our constitution. Legal responsibility and answerability
of the appointed authorities is an old idea. A few nations give in their constitutions to
guaranteeing responsibility of legal executive. It is for forestalling grouping of force in the
possession of a solitary organ of the state uncommonly, in nations like India where it is
reprimanded that legal activism meddles with and attacks into the space of different organs.
And yet legal freedom is a pre-imperative for each judge whose vow of office expects him to
act without dread or favor, warmth of malevolence and to maintain the constitution and laws
of the country.

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 CHAPTER 3

IMPACT OF JUDICIAL ACCOUNTABILITY ON JUSTICE DELIVERY IN INDIA

As we all know, that Judicial Accountability is a very essential term for the judicial decision
to be done in a well functioned manner. But in India there is always lack of Judicial
accountability due to which we face some of the problems. The designers of the Indian
constitution would not have envisioned that the Indian legal executive would arise as the
most impressive foundation of the State, inside 60 long stretches of the outlining of the
constitution. The constitution set up the Hon'ble High Courts and the Supreme Court as guard
dog organizations, discrete and free of the chief and the council, not just for administering the
equity, yet in addition for guaranteeing that the chief and the lawmaking body didn't surpass
the authority gave upon them by the constitution. In this way, the legal executive was given
the forces to decipher the laws and the constitution, also, to strike down leader activity which
abused any law or the key privileges of residents. It has the position to analyze whether laws
outlined by parliament adjusted to the constitution and proclaim them void on the off chance
that they disregarded it. In this way, by a imaginative understanding of the arrangement
approving the parliament to alter the constitution, the Hon'ble Supreme Court in 1973
likewise obtained the ability to strike down even sacred changes which were discovered by
the court to be violative of the fundamental design of the constitution. Till present, numerous
laws and some sacred changes have been struck somewhere around the courts during this that
is all.

Through this, the Indian legal executive have arisen as the most remarkable courts in the
world, practicing for all intents and purposes royal and unchecked forces. It is censured that,
while chief activity and even enactment could regularly be struck somewhere around the
courts, the headings of the courts, once in a while gave without seen notification to the
influenced parties, were certainly, and must be complied by all chief officials on agony of
disdain of court. Obviously, frequently these forces were carefully practiced to address net
leader inaction.

Further it is reprimanded that while obtaining these forces, the court, by an even more
creative, in particular purposive translation of the arrangement in regards to arrangement of
judges by the public authority, assumed control over the force of arrangement of judges.
Accordingly judges of the Hon'ble High Court and Supreme Court are being designated by a
collegium of senior adjudicators of the Hon'ble Court. In this manner it is scrutinized that

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legal executive has hence become like a self executing government. There is no restraint
equation continued in the choice of judges and there is no straightforwardness in the
framework. In particular, no respect is given to analyzing the record or then again
certifications of judges in their philosophical adherence to the established beliefs of a
common, communist popularity based republic or their comprehension of or affectability
towards the commoners of the country who are poor, underestimated and incapable to battle
for their privileges in the courts. In short it is additionally reprimanded that, the courts in
India appreciate essentially total and unchecked force unmatched by any court in the world.
In such a circumstance, it is totally important that judges of the prevalent legal executive
ought to be made responsible for their presentation and their lead – regardless of whether it
be in regard of debasement or for dismissal of sacred qualities and the privileges of residents.
Tragically, neither the constitution, nor some other law has explicitly made any foundation or
framework to analyze the exhibition of judges or on the other hand inspect grumblings
against them. The constitution expresses that High Court and High Court judges can't be
eliminated besides by denunciation. The cycle of prosecution requires marks of 100 MPs of
the House of People or 50 MPs of the committee of states for its introduction. In the event
that a movement containing charges of genuine unfortunate behavior with the imperative
marks is submitted, and endorsed by the speaker of the House of People or the director of the
Council of States, an Inquiry Board of 3 appointed authorities is established to hold a
preliminary of the adjudicator. On the off chance that he is found blameworthy at that point
movement is put before each place of parliament where it must be passed by a 2/3 larger part
of each house. For all intents and purposes, it is exceptionally hard to eliminate an appointed
authority through arraignment regardless of whether one is by one way or another ready to
get narrative proof of genuine unfortunate behavior. It is additionally scrutinized that it
happens in light of the fact that MPs are not quick to take on a sitting appointed authority
since it very well may be conceivable in light of forthcoming cases in courts. Till present, the
solitary reprimand of a Judge to have gone far was that of Justice V. Ramaswami during mid
90's. After the movement was introduced, a Judges Inquiry Committee saw him as
blameworthy of a few charges of unfortunate behavior when the matter went ready for
casting a ballot to parliament.

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 CONCLUSION

Judges in India will follow a greater amount of the poise strategy also, self-policing. Being
the most impressive court not just in India yet the world the adjudicators should plan for
themselves a Legal Code of Conduct and try to follow it. They just themselves utilize the idea
of self-control and make themselves responsible to general society as having the confidence
of the residents is significant for the working of this significant branch.

Legal responsibility is asked or more over requested since it is the most impressive branch to
convey equity as the principal common liberty to individuals. Legal responsibility as an idea
accompanies a ton of duty and the legal executive should be mindful to individuals. Having a
free board that chooses over issues like an adjudicator making trouble or having no hard-
working attitude. The board can issue admonitions in composed structures and brief
suspensions or on the other hand even fine the adjudicators to teach them and afterward
arraignment as the last system can be adjusted. Having a site as a stage for oppressed laymen
can record a grumbling against any appointed authority getting rowdy or request sexual
favors that can be caused available to all to and can be managed by the main equity and
president and when the central equity is engaged with senior high court judges and the
president. Such techniques adjusted won't hurt the legal autonomy however bring about more
straightforwardness what's more, responsibility in the framework. Annual reports from the
legal executive office can be disclosed an archive where the residents can get an opportunity
to examine the legal framework and having helpful analysis on legal polices and choices or
lead of judges. Having a more straightforward framework with regards to arrangement can
deal with nepotism and preference and not n bring hamper back effectiveness in the legal
framework. The street to getting legal responsibility, in this manner, is still long and hard But
legitimate responsibility for an amazing and essential organ like the Indian legal executive is
indispensable for the endurance of the Rule of Law also, popular government in the Country.
With making a couple of strides towards a more straightforward Judiciary we can before long
have an effective and responsible legal System where Rule of Law wins.

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 BIBLIOGRAPHY

1. M.R. Sreenivasa Murthy, K. syamala, JUDICIAL ETHICS VIS A VIS

JUDICIAL ACCOUNTABILITY AND ITS IMPACT ON JUSTICE DELIVERY
SYSTEM IN INDIA : A CRITICAL ANALYSIS , National University of Study and
Research in Law, Ranchi,
https://www.ijrrjournal.com/IJRR_Vol.7_Issue.6_June2020/IJRR0056.pdf

2. V R Krishna Iyer, JUDICIAL ACCOUNTABILITY TO THE COMMUNITY:

A DEMOCRATIC NECESSITY, JOURNAL ARTICLE,
https://www.jstor.org/stable/41498506?seq=1

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