ELECTION COMMISSION OF INDIA

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LOCAL SELF GOVERNMENT

MAM’S NOTES

CENTRAL VIGILANCE COMMISSION [59 LAXMI]

MAM’S NOTES AND LAXMIKANTH

CAG

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Lokayukta

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Judicial accountability

Mam’s notes [Intro and conclusion]

Need for judicial accountability

Certainly! Judicial accountability refers to the idea that judges, who play a crucial role in the legal
system, should be held responsible for their actions to ensure fairness, transparency, and trust in
the judicial system. Here are some sub-heads with examples to explain the need for judicial
accountability in easy language:

1. Fair and Impartial Decision-Making:

 Example: Imagine a judge who consistently favors one group of people over
another without any valid legal reasons. This could happen due to bias or
corruption. Judicial accountability ensures that judges make decisions based on
the law and not personal preferences.
2. Preventing Corruption:
 Example: If judges can be influenced by bribes or other forms of corruption, it
undermines the integrity of the legal system. Accountability measures, such as
financial disclosures and ethical standards, help prevent corruption and maintain
public trust.
3. Correcting Judicial Errors:
 Example: Judges, like anyone else, can make mistakes. Judicial accountability
allows for mechanisms like appeals and reviews to correct errors and ensure that
justice is served, even if it means admitting a previous judgment was incorrect.
4. Transparency in Decision-Making:
 Example: In some cases, judges may have personal connections or interests that
are not disclosed. Accountability measures, such as requiring judges to declare
potential conflicts of interest, promote transparency and help maintain public
confidence in the judicial system.
5. Ensuring Compliance with the Law:
 Example: Judges are expected to follow the law and the constitution. Without
accountability, there is a risk that judges may act beyond their legal authority.
 Accountability mechanisms, like judicial reviews, ensure that judges stay within
the boundaries defined by the law.
6. Public Confidence:
 Example: If people lose confidence in the judiciary due to perceived bias or
corruption, it can lead to a breakdown of trust in the legal system. Judicial
accountability helps in maintaining public confidence by demonstrating that
judges are answerable for their actions.
7. Checks and Balances: Judicial accountability ensures a system of checks and
balances within a government. It prevents any one branch from becoming too
powerful and helps maintain the separation of powers. By holding judges
accountable, there is oversight to ensure they act within the limits of their authority.
8. Promoting Efficiency: Accountability can contribute to the efficiency of the judicial
system. It encourages judges to manage their dockets effectively, make timely
decisions, and prioritize cases based on their importance and urgency.
9. Adaptation to Societal Changes: A system of accountability allows for the judiciary
to adapt to changing societal norms and values. As societal expectations evolve,
accountability mechanisms ensure that the judiciary remains responsive and reflective
of these changes.

In essence, judicial accountability is crucial to maintain the rule of law, uphold the principles of
justice, and ensure that the judicial system serves the public interest.

Judicial Accountability

The accountability of the judiciary in India is maintained through a combination of

constitutional provisions, statutory mechanisms, and established practices. Here's an
overview of how the judiciary is held accountable in India:

1. Right to Information (RTI):

 The Right to Information Act empowers citizens to seek information
from public authorities, including the judiciary. This enhances
transparency and allows the public to hold the judiciary accountable by
accessing relevant information.
2. Oversight by Parliament:
 Mechanism: Parliament has the authority to discuss and debate issues
related to the judiciary. However, direct interference with judicial
decisions is prohibited.
3. Media and Public Scrutiny:
 Mechanism: Public Scrutiny: Judges are often subject to public
scrutiny, especially in high-profile cases, putting pressure on the
judiciary to maintain high standards of accountability.
4. Appellate Courts: The existence of appellate courts allows for the review of
decisions made by lower courts. If a judge's decision is deemed to be legally
flawed or unjust, it can be appealed,
 5. Ethical Codes and Guidelines: Judicial accountability is reinforced through
the establishment and enforcement of ethical codes and guidelines. These
codes outline the expected behaviour, impartiality, and professionalism that
judges are required to uphold. Violations of these codes can lead to
disciplinary measures.
6. REVISION
7. IMPEACHMENT: Our Constitution provides for removal of a judge of the
Supreme Court or the High Court for proved misbehaviour or proved
incapacity, by what is popularly called the process of impeachment,
whereunder two thirds of the members of each House of Parliament can vote
for the removal of the judge.  So far, only one impeachment proceeding has
been initiated against a Supreme Court judge. It failed because Congress
abstained from voting and consequently two-thirds majority was not available.
8. Ombudsman or Inspector General Offices: Some jurisdictions have
established ombudsman or inspector general offices to investigate complaints
against various government entities, including the judiciary. These
independent bodies can provide an additional layer of oversight to hold
judges accountable for their actions.

It's important to note that the accountability of the judiciary is a dynamic process
that requires a delicate balance between independence and oversight.

Challenges to judicial accountability

1. Impeachment Process Difficulty:
 The process of impeaching a judge, as outlined in Article 124(4) of the
Constitution, is cumbersome and rarely invoked. This complexity can
make it challenging to hold judges accountable for misconduct or
incapacity.
2. Delay in Judicial Proceedings:
 Prolonged delays in judicial proceedings can hinder the timely
resolution of cases, reducing the efficiency of the justice delivery
system. Accountability may be compromised when there are delays in
the disposal of cases.
3. Lack of Uniform Standards for Accountability:
 There is a need for more uniform and codified standards for judicial
accountability. While codes of conduct exist, there may be variations in
their interpretation and application, leading to inconsistencies.
4. Lack of awareness among public:
 Many people may not be aware of their rights or the mechanisms
available for holding judges accountable. Lack of awareness can be a
barrier to meaningful public participation in the accountability process.
A more informed public is crucial for holding the judiciary accountable.
 5. Excessive intervention:
 Striking the right balance between judicial activism and restraint is
challenging. While activism is necessary for protecting rights, excessive
intervention can be perceived as overreach. Conversely, too much
restraint may result in the neglect of important issues.
6. Inadequate Whistleblower Protections:
 The lack of robust whistleblower protection mechanisms may
discourage individuals within the judiciary from reporting instances of
corruption or misconduct. Individuals within the judiciary or legal
community may fear retaliation for speaking out against judges. This
fear can deter individuals from reporting instances of misconduct or
raising accountability concerns.

PUBLIC SERVICE DELIVERY AND CITIZEN’S CHARTER

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ARTICLE 370

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ADMINISTRATION OF TRIBAL AREAS

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NITI AYOG

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INTER STATE RIVER WATER DISPUTES

Vote Counting and Results Reporting:

 Ensuring the accurate counting of votes and timely reporting of results is
crucial. Delays or errors in the counting process can undermine the credibility
of the election.
Polling Place Setup:
 Securing appropriate and accessible locations for polling places can be a
logistical challenge.
Voting Equipment:
 Ensuring the availability and functionality of voting machines or other
equipment is crucial. Technical issues, malfunctions, or inadequate training for
both poll workers and voters can lead to complications.
Right To Vote- A Fundamental Right
The right to vote is a fundamental right. It is the cornerstone of our democracy,
allowing citizens to have a say in who governs them and how they are governed. It
ensures that all the citizens are heard and that their interests are represented in the
government.

The right to vote is not just a privilege, but a basic human right. It is protected by
the Universal Declaration of Human Rights (1948) and the International Covenant
on Civil and Political Rights (1966) .

Right to Vote in India

The right to vote in the Constitution of India is guaranteed under Article 326. This
article states that "the elections to the House of the People and to the Legislative
Assembly of every State shall be on the basis of adult suffrage; that is to say, every
person who is a citizen of India and who is not less than 18 years of age can vote

Right to Vote of Non-Resident Indians and Prisoners in India

Non-Resident Indians (NRIs) are Indian citizens who live outside of India and are
not considered to be residents of India for tax purposes.
 Voting rights for NRIs were introduced only in 2011, through an
amendment to the Representation of the People Act 1950.
 He/ she can only vote in person and will have to produce her
passport in original at the polling station to establish identity.
In the winter session of Parliament in 2017, A proposal was made to remove the
restriction imposed by Section 20A of the Representation of the People Act.

 20A of the Representation of the People Act required them to be

physically present to vote in their constituencies.
 The Bill provided for overseas voters to be able to appoint a
proxy to cast their votes
 The Bill was later passed in 2018, but lapsed with the dissolution
of the 16th Lok Sabha.
 The ECI then approached the government to permit NRIs to vote
via postal ballots
As for prisoners in India, they are not entitled to vote in the elections as per the
Representation of the People Act, 1950, which disqualifies people who are
serving a sentence of imprisonment for more than two years. This means that
prisoners who have been sentenced to less than two years in prison are still
allowed to vote. Undertrial prisoners are also excluded from participating in
elections even if their names are on the electoral rolls. Only those under
preventive detention can cast their vote through postal ballots.

Significance of Voting
The importance of voting is highlighted by Abraham Lincoln's philosophy of
democracy, which states that democracy is a government of the people, by the
people, and for the people. Through voting, individuals can express their thoughts
on a country’s governance.