Judicial Independence

Judicial Independence
• Article 109. The High Court Division shall have
superintendence and control over all courts and tribunals
subordinate to it.

• 115. Appointments of persons to offices in the judicial

service or as magistrates exercising judicial functions
shall be made by the President in accordance with rules
made by him in that behalf.]
• 116. The control (including the power of posting, promotion and grant
of leave) and discipline of persons employed in the judicial service
and magistrates exercising judicial functions shall vest in the
President and shall be exercised by him in consultation with the
Supreme Court.

• [116A. Subject to provisions of the Constitution, all persons employed

in the judicial service and all magistrates shall be independent in the
exercise of their judicial functions.]
 Code of Conduct for lower Judiciary

• To serve the interest of justice and portray a credible image of

the lower judiciary in the community (preamble of the Code).
• The judges are required (a) to observe a very high standard of
personal integrity and the constitutional rule of law (code 2);
• (b) to provide patient hearing to all parties (code 3);
• (c) to maintain impartiality under all circumstances (code 4);
• (d) to remain above political pressures and ideological
influences (codes 9 and 14); and (e) to avoid unnecessary
delay (code 10).
Social accountability of judicial conducts

• The press could be the best watchdog to effectuate

judicial accountability to the public.
• The degree of public confidence in the judiciary is
contingent upon the public perception of the
integrity and transparency of its decision-making
process.
• All judicial functions are open to public scrutiny in
Australia
 Lord Denning justified public
accountability of judicial actions
'In every court in England you will ... find a newspaper
reporter. He notes all that goes on and makes a fair and
accurate report of it. He is ... the watchdog of justice.
The judges will be careful to see that the trial is fairly
and properly conducted if he realises that any
unfairness or impropriety on his part will be noted by
those in Court and may be reported in the press. He will
be more anxious to give a correct decision if he knows
that his reasons must justify themselves at the Bar of
public opinion (The Road to Justice (1955) p 64).