Discuss the impact of judicial safeguards on the process of removal of judges in India. What reforms are necessary to ensure both integrity and accountability in the judiciary?

Question

PocketIAS · Accepted Answer

1. Judicial Safeguards for Removal

Constitutional Provisions: Articles 124(4) & 217; removal only for proven misbehavior or incapacity.
Parliamentary Procedure: Motion supported by MPs, followed by two-thirds majority in both Houses.
Objective: Ensure judicial independence from political influence.

2. Impact on Accountability

Rarely Invoked: Only Justice V. Ramaswami (1993) faced proceedings; failed due to procedural complexity and political hesitation.
Perceived Impunity: Stringent safeguards may create challenges in addressing misconduct.
Balance Issue: Protects judges but limits rapid or transparent accountability.

3. Need for Reforms

Independent Oversight Mechanism: Judicial ethics or oversight committees for preliminary scrutiny.
Transparency Measures: Disclosure of assets, conflicts of interest, and ethical compliance.
Performance Evaluation: Peer review and periodic assessment to monitor conduct and efficiency.
Clarify Misbehavior: Define misconduct and incapacity clearly to reduce ambiguity.
Global Lessons: Adapt models like UK’s Judicial Conduct Investigations Office for accountability without compromising independence.

4.Implications

Safeguards are essential to protect judicial independence.
Existing mechanisms can hinder swift accountability.
Reforms must balance integrity, transparency, and independence.
Enhanced oversight strengthens public trust in judiciary.

✍️ Practice Mode

Write. Evaluate. Improve. Repeat.

The model answer is ready.

Comments (0)