What are the constitutional and institutional mechanisms to ensure accountability of judges in India? Analyze their effectiveness in dealing with instances of controversial public remarks by judges.
Summary
> **Topic:** Structure, organization and functioning of the Executive and the Judiciary **Topic:** Structure, organization and functioning of the Executive and the Judiciary **Q4. What are the constitutional and institutional mechanisms to ensure accountability of judges in India? Analyze their effectiveness in dealing with instances of controversial public remarks by judges. (15 M)** *Difficulty Level: Medium* *Reference: IE* > **Why the Question:** A judge of a constitutional court is the
Exam Brief
GS-2The article discusses judicial accountability in India. UPSC cares because judicial conduct impacts public trust and constitutional values. The article mentions controversial remarks by a judge.
Key Facts
- Judges hold office until a specific retirement age.
- Impeachment is a mechanism for removing judges.
- Collegium plays a role in judicial appointments.
- No SC judge has been impeached to date.
Prelims — What UPSC Might Ask
- What is the retirement age of Supreme Court judges?
- Under which Article can a judge be impeached?
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Source Article Content
Topic: Structure, organization and functioning of the Executive and the Judiciary Topic: Structure, organization and functioning of the Executive and the Judiciary
Q4. What are the constitutional and institutional mechanisms to ensure accountability of judges in India? Analyze their effectiveness in dealing with instances of controversial public remarks by judges. (15 M)
Difficulty Level: Medium
Reference: IE
Why the Question: A judge of a constitutional court is the last person one would expect to be espousing divisive ideas of “us versus them.” Hence, the remarks by Justice Shekhar Yadav of the Allahabad High Court have drawn unnecessary attention towards our judiciary. Key Demand of the Question: The question requires an analysis of the existing constitutional and institutional mechanisms to ensure judicial accountability and their effectiveness in addressing challenges like controversial public remarks, with suggestions for reforms. Structure of the Answer: Introduction: Briefly introduce the role of judicial accountability in preserving constitutional values and public trust, while highlighting recent challenges like controversial remarks by judges. Body: Mechanisms for judicial accountability: Discuss constitutional provisions like impeachment, in-house mechanisms, and the role of the Collegium in ensuring accountability. Effectiveness of these mechanisms: Analyze successes in preserving judicial independence and addressing misconduct, and challenges like lack of transparency and enforcement issues. Way forward: Suggest measures to improve accountability, such as codifying ethical guidelines, enhancing transparency, and establishing independent oversight bodies. Conclusion: Conclude by emphasizing the need for robust mechanisms to balance judicial independence with accountability, ensuring the judiciary remains a trusted guardian of constitutional values. Why the Question: A judge of a constitutional court is the last person one would expect to be espousing divisive ideas of “us versus them.” Hence, the remarks by Justice Shekhar Yadav of the Allahabad High Court have drawn unnecessary attention towards our judiciary.
Key Demand of the Question: The question requires an analysis of the existing constitutional and institutional mechanisms to ensure judicial accountability and their effectiveness in addressing challenges like controversial public remarks, with suggestions for reforms.
Structure of the Answer:
Introduction: Briefly introduce the role of judicial accountability in preserving constitutional values and public trust, while highlighting recent challenges like controversial remarks by judges.
• Mechanisms for judicial accountability: Discuss constitutional provisions like impeachment, in-house mechanisms, and the role of the Collegium in ensuring accountability. • Effectiveness of these mechanisms: Analyze successes in preserving judicial independence and addressing misconduct, and challenges like lack of transparency and enforcement issues. • Way forward: Suggest measures to improve accountability, such as codifying ethical guidelines, enhancing transparency, and establishing independent oversight bodies. Conclusion: Conclude by emphasizing the need for robust mechanisms to balance judicial independence with accountability, ensuring the judiciary remains a trusted guardian of constitutional values.