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Truth and transparency: On the judiciary
The recent in-house inquiry ordered by the Chief Justice of India (CJI) against a Delhi High Court judge highlights the importance of transparency and accountability within the judiciary. This case brings attention to judicial ethics, independence, and the mechanisms in place for holding judges accountable. The move to publicize details of the case is an important step toward maintaining public trust in the judiciary.
Judicial Accountability and Transparency
A. Judicial Independence vs. Accountability: The judiciary must remain independent from political and executive influence, but it must also be accountable for any misconduct. The in-house inquiry system, as demonstrated in this case, ensures that allegations against judges are examined without political interference.
B. Internal Inquiry vs. External Investigation: While the judiciary has opted for an internal probe, questions arise whether a police investigation would be more effective in establishing facts, such as whether the burnt currency notes were planted.
C. Public Trust in the Judiciary: By making the preliminary report and video evidence publicly available, the Supreme Court has shown rare transparency, strengthening public confidence in the system.
Challenges in Judicial Accountability
A. Limitations of the In-House Inquiry System: The internal inquiry process may not always have the investigative capabilities of a police probe, especially when physical evidence and third-party involvement are suspected.
B. Lack of a Robust Complaint Mechanism: Currently, registering an FIR against a judge requires prior consultation with the CJI. This makes police investigations rare and shifts the responsibility entirely to the judiciary.
C. Political Interference Risks: The government must avoid using such incidents to push for excessive executive control over judicial appointments and disciplinary actions, which could undermine judicial independence.
Way Forward
A. Balancing Accountability with Judicial Independence: While protecting judges from frivolous allegations, there should be a transparent and independent mechanism for investigating serious charges against them.
B. Strengthening the In-House Inquiry Process: A more structured and legally-backed framework for internal judicial inquiries can improve credibility.
C. Need for a Judicial Complaints Commission: An independent body comprising legal experts and senior judges could enhance judicial accountability while maintaining autonomy.
Conclusion
This episode underscores the need for institutional reforms to ensure judicial accountability without compromising independence. Transparency in judicial actions, as seen in this case, is a step in the right direction, but long-term solutions, including procedural reforms, are essential for upholding the integrity of the judiciary.
Disclaimer:
This analysis is based on the editorial content published in The Hindu and is intended solely for informational and educational purposes. The views, opinions, and interpretations expressed herein are those of the author of original article. Readers are encouraged to refer to the original article for complete context and to exercise their own judgment while interpreting the analysis. The analysis does not constitute professional advice or endorsement of any political, economic, or social perspective.
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