Question Q.15Critically examineGS2GS2

Critically examine the 'in-house procedure' adopted by the Apex Court to inquire into allegations of misconduct against judges of constitutional courts in India.

Introduction

The Supreme Court of India has adopted an 'in house procedure' to inquire into allegations against judges of Supreme and High Courts.

22 words

Main Body

(Ex) Recent Delhi HC Judge (ex. Yashasvi Iyye)

Reasons to in-house procedure:

1Judicial inquiring by 3 member Panel of Supreme Court judge, and two other Chief Justices i) other senior state High Court i) in case of High Court judge inquiring

2In case of Supreme Court judge inquiring - Panel of CJI and two other Supreme Judge

Signification of procedure:

1Ensures judicial independence upheld as first i) Basic Structure doctrine - (NTAK case 2014)

2Internal Accountability measures (Separate i) Powers) doctrine upheld.

2 other Supreme Judge

Signification of procedure:

1Ensures judicial independence upheld as part i) Basic Structure doctrine - (NTAK case 2014)

2Internal Accountability measures (Separate i) Powers) doctrine upheld.

Criticism i) procedure:

(I) Complete lack of institutionalized transparency i) Procedure made publicly: i) FIR procedure not made publicRecent Delhi HC judge (cp)

(II) Limited accountability measures: Judiciary can't elimin take away itself, only parliament can (RAJ 84)

2Limited accountability measures: Judiciary can't elimin take away itself, only parliament can (RAJ 84)

(B) Decline in public trust: Determined to judicial function as (Tushr Men Kanedly (UTA)). Public trust is centred for judicial (giver) i) power for same.

Measures to improve procedure:

(I) Enhance accountability - facilitate involvement - UBA imperative (II) P Institutionalize Procedure - VM ombudsman - Judicial Accountability is key for ensuring institutional legitimacy of duties. Given new judiciary in the system of constitutio

236 words15 paragraphs

Conclusion

Measures to improve procedure: (I) Enhance accountability - facilitate involvement of CSA imperative (II) P Institutionalize Procedure - VM ombudsman - Judicial Accountability is key for ensuring institutional legitimacy of duties. Given new judiciary in the system of constitutio

39 words

Examiner score

0.8/10

Open original scan

Page 34

Topper

PRACHET

AIR 1932025

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Judiciary

In-house procedure for judicial accountability

Writing Stats

297

Total words

Paragraphs

analytical

Tone