Model Answer

Judicial independence is a basic feature of the Constitution and essential for impartial adjudication. However, public confidence in courts also requires judges to remain accountable to transparent ethical and institutional standards.

Existing accountability framework

1. The Constitution provides removal of judges for proved misbehaviour or incapacity. e.g: Articles 124(4) and 217.
2. The Judges (Inquiry) Act, 1968 provides the procedure for investigating charges preceding removal.
3. The Supreme Court’s in-house procedure enables internal inquiry into complaints against higher judiciary judges.
4. The Restatement of Values of Judicial Life, 1997 lays down ethical standards.
5. The Collegium can consider conduct while recommending appointments, transfers and elevations.
6. Administrative powers of Chief Justices are subject to institutional conventions. e.g: “Master of the Roster” authority.

Gaps in the present framework

1. Impeachment is an exceptional remedy with a very high constitutional threshold.
2. In-house proceedings lack sufficient transparency and clearly defined outcomes.
3. No permanent independent statutory mechanism exists for complaints against higher judiciary judges.
4. Collegium processes have historically faced concerns regarding transparency and accountability.
5. Prolonged Acting Chief Justice arrangements can concentrate substantial administrative authority without institutional continuity.
6. Excessive secrecy can weaken public confidence when serious allegations emerge.

Way Forward

1. Establish a credible institutional mechanism for receiving and examining judicial complaints with procedural safeguards.
2. Codify judicial ethical standards while ensuring protection against frivolous or politically motivated complaints.
3. Improve transparency in judicial appointments, transfers and administrative decision-making without compromising decisional independence.

Judicial accountability and independence are complementary rather than competing principles. A transparent, fair and institutionally independent accountability framework can protect judges from external pressure while strengthening citizens’ confidence in the judiciary.