UPSC CURRENT AFFAIRS – 31st March 2025
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.
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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