Judicial Accountability and Independence: Exploring the Limits of Judicial Power
Shayonee Dasgupta & Sakshi Agarwal
Volume 2 Issue 4 (2009)
Given the need and urgency of a transparency measure in governance in the light of the controversy surrounding the elevation of Justice P. Dinakaran to the Supreme Court ,the present article seeks to examine the accountability-independence continuum in the context of the Indian judiciary .Through the course of this article, we opine that judicial independence and accountability are a necessary concomitant of the process of governance and an isolated evaluation of the two is undesirable for the proper functioning of democracy. If one takes an approach which views accountability to be at loggerheads within dependence, one runs the risk of not appreciating the subtle relationship between corruption and independence. The former, if unchecked, leads to a situation of disrespect of the law and therefore poses a challenge for the judiciary to establish its independence in letter and in spirit. Our central argument is that an independent evaluation of judicial independence and judicial accountability is unwarranted and we seek to suggest the same through an analysis of public accountability debate and the controversy surrounding the recent Judge’s (Declaration of Assets and Liabilities) Bill 2009.