28 Dec 2021 17:42

Joined:	15/01/2018
Level:	Gold
Points:	10632

Points:	5

Who will decide the accountability of judiciary?

SC designates the top legal entity in our country. Although this is not responsible for the formulation of policies but surely it is in their rights to monitor and direct the policies made by both the houses, i.e, Lok Sabha and Rajya Sabha, and send back for reconsidering in the case when seems to be relating to unexpected consequences as occurred during CAA & farmer's protests to name a few. Quite often have been the scenario wherein the decision by the respective legal entities were felt inappropriate by a certain section of society. This was rather a concern to many including the experts of the relevant fields wherein how the accountability of judiciary can be fixed and monitored.

What the members do feel about the relevant context?

My submission for Forum thread contest- A New Year Challenge!

#748621

28 Dec 2021 19:21

Joined:	10/07/2018
Level:	Diamond
Points:	29279

Points:	4

If you are not satisfied by any judgement or want a review you can always file a review petition which may be heard by a different bench. You can always find a decision of the court inappropriate but there are many others who will find the same decision appropriate. Even in a larger bench of the judiciary, there may be dissenting views among the judges and the judgement is given based on the views of the majority of judges. Judges have to abide by the constitution and cannot go beyond that to appease a certain section. Views of the persons may vary but should be binding to the constitution.

Sankalan

"Life is easier when you enjoy what you do"

#748624

28 Dec 2021 19:43

Joined:	02/06/2009
Level:	Platinum
Points:	120088

Points:	5 (₹ 2)

Judicial accountability takes place by means of the provisions that have been laid down in the constitution. The people who are not happy with the verdict can go for the review, appeal and revision. The Constitution of India has an impeachment clause also for the judges. It provides for the removal of the judges of the Supreme Court of India and of other Courts for misbehaviour and arbitrary regulation of power. Articles 124(2) and (4) talk about the removal of SC judges and Article 217 talks about the same for HC Judges. This removal can be carried out by 2/3rds majority in both the Houses of Parliament. So far only one such incident happened but finally, the attempt was a failure as the required majority has not been achieved.
Judiciary is supposed to be the fencing to safeguard the interest of the citizens and if they themselves get into illegal and corrupt practices, the country will face a very difficult situation and no citizen can expect justice to them.

drrao
always confident

#748626

28 Dec 2021 20:03

Joined:	10/12/2016
Level:	Platinum
Points:	88567

Points:	5

Judges will always go by the constitution and the policies based on it. If there is confusion in the interpretation of the constitution and its clauses then judges would also carry that in their verdict and that is the reason that we have contradictory verdicts many a times and then a section of society starts talking about it. When it comes to interpretations and taking analogies from earlier cases judges being human just like us can err sometimes in their judgement and cannot satisfy all the people at the same time. Still, I believe that in majority of cases they are able to give a good judgement which becomes a benchmark and yardstick in similar cases being encountered subsequently. So making judgements gets refined from time to time and meanwhile some constitutional amendments also affect it significantly. Judges are generally not biased and would go as per the rule book. Their main dependence is on the evidences and witnesses. If evidences and witnesses are fake then the judges will give a correct judgement as per their information but it would not be a real justice. Judges cannot do anything in such cases and question of accountability does not arise.

Knowledge is power.

#748665

29 Dec 2021 16:50

Joined:	15/01/2018
Level:	Gold
Points:	10632

Points:	1

The below data is from the National Judicial Data Grid,

Total cases including Civil, and Criminal is 40,546,56.00 (Forty million five hundred forty-six thousand one hundred fifty-six).

Look at the below ageing now (In %),

0 to 1 Year # 36.93%
1 to 3 Years # 26.78%
3 to 5 Years # 14.38%
5 to 10 Years # 14.13%
10 to 20 Years # 6.4%
20 to 30 Years # 1.14%
Above 30 Years # 0.24% (Equivalent to 96,080.)

I am wondering on the above with my eyes wide open for the individuals living or dead do not know but the final hearing is yet to happen but still the dates are not confirmed when this is going to happen.

I am not intended to list out the recent debatable decisions belonging to a particular faith including that of entry of a woman to Sabrimala temple siting equal rights, but do we have any idea of judiciary management on how they are planning to settle with the above pending cases?

#748670

29 Dec 2021 18:42

Joined:	12/10/2009
Level:	Platinum
Points:	250432

Points:	2

For that matter the judges are always at the mercy of executive as any overtures noticed against the set law. The government can recall any judge or transfer them to various places and therefore judges work within government rules.

K Mohan
'Idhuvum Kadandhu Pogum "
Even this challenging situation would ease

#748673

29 Dec 2021 18:54

Joined:	02/06/2009
Level:	Platinum
Points:	120088

Points:	2

#748665
That is true. Cases are piling up. Criminals are wandering outside and some innocents are suffering behind the bars waiting for the final verdict. How the situation is to be changed? What are the actions that are being proposed by the Judiciary? If the new CJI comes out with some proposals and implements them, the whole nation will be grateful to him.

drrao
always confident

#748679

29 Dec 2021 21:37

Joined:	13/08/2010
Level:	Gold
Points:	16027

Points:	7 (₹ 4)

Judiciary is accountable to the law of the land. It cannot monitor or direct the policies of the government. It can only review the Constitutional validity of the laws made by the legislature. The independent stature of the judiciary is essential for the proper functioning of any government. The judgments delivered may not satisfy all the sections of the public.
The cases in the courts of law are piling up. The Chief Justice of India while speaking at a public function recently dwelled on this subject. He said that the pendency of the cases is the most complicated and misunderstood topic. He referred to delays and backlogs. According to him, about 4 crores 60 lakh cases are pending before Indian Courts. The CJI reiterated that the judge-to-population ratio of 21 judges per million must be kept in mind. The government litigation constitutes 46% of the total litigation. The actions or inaction by the government officials is one of the causes for pendency. Alternative Dispute Resolution (ADR) Mechanisms are one of the solutions for decreasing pendency.

Filling judicial vacancies is also one of the solutions for the speedy disposal of cases. The development of proper infrastructure for the judiciary in using the latest technology will also help in bringing down pendency. For all this a concerted effort by the governments , executive, and the judiciary is necessary. The Chief Justice dwelled on many points to improve the judiciary.

" Be Good and Do Good "

#748733

30 Dec 2021 15:15

Joined:	15/01/2018
Level:	Gold
Points:	10632

Points:	1

The major drawback with our legal system is that there are so many rules and regulations that to prove a crime both sides have multiple sub-sections to go through and then there lies the exceptions or diversion to multiple other sub-sections. Even the experienced and experts of these fields must consult through multiple books to decide on the crime and sentencing. Currently, the legal system is compromised much of a personality involved in a crime rather than what crime is conducted.

The Britishers had implemented the legal system in order to rule the land and the same is being followed still without many changes.

Do not we feel that the judiciaries should be renovated with simple terms and conditions understood to even a layperson?

Who will decide the accountability of judiciary?

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