Are existing mechanisms effective in combating judicial corruption?, Pg 11

Key Highlights

Limits of Impeachment Process

• Impeachment is rarely used and designed to shield judges; needs two-thirds majority in both Houses.

• Experts argue it is not an effective deterrent due to its political nature and low frequency.

• Internal accountability mechanism within the judiciary is recommended for timely and transparent action.

In-House Mechanism & Challenges

• Current in-house procedures lack transparency and are prone to public pressure.

• The system is seen as inadequate for dealing with high-profile corruption cases (e.g., Justice Yashwant Varma).

• Past efforts, like publishing collegium decisions (initiated by Justice Chandrachud), were discontinued, weakening transparency.

Need for Systematic Institutional Reform

• Calls to revive the National Judicial Appointments Commission (NJAC) to bring accountability in judicial appointments.

• Government has a seat at the current table, but the real issue is opaque decision-making and lack of public scrutiny.

Resistance to the Judicial Standards and Accountability Bill, 2010

• Experts argue the Bill is insufficient due to lack of enforcement clarity and a calibrated framework.

• Emphasis is placed on developing robust, rule-bound procedures for investigations and disciplinary actions.

Contempt Laws & Judicial Criticism

• Debate on whether contempt of court laws should be relaxed to permit legitimate criticism.

• Current laws often deter public discourse and shield misconduct unless applied in a narrow and responsible manner.

Analysis & Way Forward

• Judicial corruption must be addressed through institutionalised, transparent, and impartial mechanisms.

• Strengthening in-house inquiry rules, reviving NJAC debate, and making the collegium system accountable are vital.

• Transparency must be embedded into appointment, inquiry, and disciplinary frameworks.

Mains Mock Question:

"Critically examine the effectiveness of existing mechanisms to ensure judicial accountability in India. Should the National Judicial Appointments Commission (NJAC) be revived in light of recent controversies?"