DESSERTATION ON

“JUDICIAL ACCOUNTABILITY”

NAME =MEENAL SINGH

ENROLLMENT NO= A8101817065

LL.M 2ND SEMESTER

AMITY LAW SCHOOL

AMITY UNIVERSITY UTTAR PRADESH
 SYNOPSIS

ON

“JUDICIAL ACCOUNTABILITY”
Introduction:
In any democratic set up three organ are part and parcel of the states one is
judiciary second is executive and third is legislature. Generally three organs
have their own jurisdiction and they do not interfere with others jurisdiction.
Main function of legislature is to make to govern people.
Any democratic government believes in the institution of the three main
organs of the government. These three main organs include the legislature,
executive and the judiciary. There has to be a complete co-ordination between
them in order to work for the efficiency of the country. The selection of the
judges is a very important part of the judicial system and complete effort has
to be made to ensure that the selection is impartial and not under the ambit of
any political influence. The Indian Judiciary is differentiated into the Lower
Judiciary and the Higher Judiciary. The Lower Judiciary comprises of the
District Courts and the Higher Judiciary includes the High Court and the
Supreme Court. The selection is done at the district, state and the national
level. The district level selection is done by a competitive examination
conducted by the various union and state public commissions. Although there
is a proper eligibility criteria that has to be followed and then the selection
occurs. For the state and the national levels, the selection is done by the
recommendation of the President and a unanimous decision by the bench of
judges of the Court for which the selection has to be done which is also known
as the Collegium System.

Objective of Judicial accountability:

The main purpose of research work is to analyse the judicial accountability
status and structure of the appointment of Judges in the higher judiciary, not
only in India but in the other countries. In my research work I have tried to
focus more on the appointment issue. Whole research purpose is to find out
some solutions for the appointment of most eligible candidate in the judicial
field.
Relevancy of judicial accountability:

Judicial accountability is in fact a corollary of the independence of the

judiciary. Simply put, accountability refers to taking responsibilities for your
actions and decisions. It generally means being responsible to any external
body; some may insist accountability to principles or to oneself rather than to
any authority with the power of punishment or correction. Since
accountability is a facet of independence the Constitution has provided in
Article 235, for the ‘control’ of the High Court over the Subordinate Judiciary
clearly indicating the provision of an effective mechanism to enforce
accountability. Thus entrustment of power over subordinate judiciary to the
High Court preserves independence as it is neither accountable to the
executive or the legislature.16 The provision of the difficult process of
impeachment has also been directed towards this goal. The absence of any
mechanism for the higher judiciary except for extreme cases is because the
framers of the Constitution had thought that ‘settled norms’ and ‘peer
pressure’ would act as adequate checks. However it hasn’t happened
completely in that manner. The main problem is that the judiciary is neither
democratically accountable to the people nor to the other two organs.

METHODOLOGY

Research methodology which has been used in my research work is analytical

and doctrinal in order to evaluate interferences and conclusions. The work is
comparative in nature meaning by an attempt have been made to look the
others nation’s model of appointment of judges particularly in the higher
judiciary for example as USA, ENGLAND, AUSTRALIA, CANADA, FRANCE,
SOUTH AFRICA etc, so that a sound understanding of prevalent set up in the
world could be understand and suitable option may be chosen with variations
with maximum suitability for our country. The topic involves contemporary
issues and there is lack of literature. Depending upon the various articles,
journals, Internet, some books, etc, I have made a comparative analysis with
new suggestions and submissions. To avoid plagiarism a proper footnoting
has been addressed, where it is needed.

Name =Meenal Singh

Enrollment No= A8101817065

LL.M 2nd semester

Amity University Lucknow