Judicial Appointment, Accountability and Constitutional Obligation of Judges in India

Abstract

The Supreme Court of India and its role to upgrading the concept of judicial accountability is weak as compared to the foreign legal system. In the behind of judicial independence veil the judicial system of India moving towards the gross failure. Inordinate delay, corruption, deviant behavior of the higher judiciary, power despotism with the help of contempt proceeding becomes modern phenomenon of judiciary of India. There is having room for development in the procedure of appointment of higher judiciary, their removal and transfer.

            Present Article speaks about the Judicial Accountability and Constitutional obligation of the judiciary in India. Whether judicial Accountability and Constitutional obligations are the two side of a same coin or not?  Whether judges of the Superior Court shall be accountable to the people for their functioning? Whether here is necessity to think that regular assessment of judicial functionary is important?  Whether here is necessity to think that their promotion shall be based on their performance. Above questions will be discussed in the rest of this article.