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UPSC CURRENT AFFAIRS – 31st March 2025

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Indian Judicial Service is an idea whose time has come

Why in News?

A controversy has erupted over the discovery of half-burnt currency notes in the residence of a Delhi High Court Judge.

Indian Judicial Service is an idea whose time has come

Introduction

  • The recent incident involving the discovery of half-burnt currency notes at the official residence of a Delhi High Court Judge has raised critical questions regarding judicial accountability, ethical governance, and institutional integrity.
  • While the judiciary is often seen as the guardian of democracy, such incidents highlight the need for greater transparency and mechanisms to ensure accountability.

Judiciary and the Principles of Accountability

  • The Indian judiciary, being an independent institution, operates on the principles of integrity, impartiality, and public trust.
  • However, instances of misconduct, financial irregularities, and lack of accountability undermine public confidence in the legal system.
  • Judicial ethics demand that judges uphold the highest standards of integrity to maintain the credibility of the judiciary.

Legal and Institutional Mechanisms for Accountability

  • Internal Inquiries and Judicial Oversight: The Chief Justice of India (CJI) has ordered an internal inquiry into the matter, which is a necessary step. However, the findings must be made public to maintain transparency.
  • Judicial Standards and Accountability Bill (2010): This bill, though not enacted, proposed mechanisms to investigate complaints against judges.
  • Judges (Inquiry) Act, 1968: It provides the procedure for impeachment of judges in cases of proven misconduct but is rarely invoked.
  • Supreme Court Guidelines on Judicial Ethics: These emphasize impartiality, financial probity, and the need to avoid any conduct that can erode public confidence in the judiciary.

Case Precedents and Concerns

  • Similar incidents in the past have raised concerns about self-regulation within the judiciary.
  • The case of a former Chief Justice of India (CJI) being part of an inquiry committee investigating allegations against himself led to significant public outrage, resulting in his withdrawal from the panel.
  • Such instances necessitate a robust and independent grievance redressal mechanism.

Way Forward

  • Independent Judicial Oversight Body: Establishing an independent body to oversee judicial conduct can ensure impartial investigations.
  • Financial Disclosure Norms: Mandatory public disclosure of assets by judges can enhance transparency.
  • Fast-Tracked Investigations: In cases of misconduct, timely and transparent investigations must be conducted to uphold public trust.
  • Strengthening the Judicial Appointment and Disciplinary Mechanism: The collegium system should integrate stricter ethical scrutiny during appointments.

Conclusion

  • Judicial accountability is crucial for maintaining public trust in democratic institutions. While the judiciary must remain independent, it cannot be above scrutiny.
  • Transparent mechanisms and ethical governance reforms are essential to uphold the credibility of the judicial system and reinforce public confidence in its integrity.

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