Towards a More Open and Responsible Judiciary in India

(Judicial Quest News Network)

The Indian judiciary, long held as a pillar of democracy, plays a critical role in safeguarding constitutional values, protecting individual rights, and upholding the rule of law. Yet, as India continues to evolve as a democratic nation, the call for greater accountability and transparency in its judicial system has grown louder, particularly in light of increasing public scrutiny and high-profile judicial controversies. As we gear up for the upcoming event on “Accountability and Transparency in the Judicial System in India”, (A National level conference being organized by Allahabad High Court Advocates Association on 26-04-2025 at Allahabad), it is imperative to reflect on the core challenges, ongoing reforms, and potential pathways to a more open, efficient, and responsible judiciary.

Mr. Anil Tiwari President of Association after an extensive discussion with prominent members of the bar have decided to organize this Seminar.

A judiciary that is perceived as opaque or unaccountable can erode public trust—an essential element in any democracy. In India, the lack of publicly accessible judicial performance metrics, delays in the delivery of justice, and allegations of judicial misconduct have all contributed to this concern. Transparency not only enhances credibility but also reinforces the idea that justice must not only be done but also seen to be done.

The event will bring together legal luminaries, policymakers, scholars, and civil society members to address some of the pressing issues, including:

Judicial Appointments and the Collegium System: Can we make the process more open without compromising judicial independence?

Judicial Accountability Mechanisms: How effective are the existing provisions, such as the Judges (Inquiry) Act, 1968?

Understanding the Judges (Inquiry) Act, 1968.

Safeguarding Judicial Integrity in India

The Judges (Inquiry) Act, 1968 is a crucial piece of legislation in India that lays down the procedure for the investigation and removal of judges of the Supreme Court and High Courts for proven misbehaviour or incapacity. It plays a key role in maintaining judicial accountability while ensuring that the independence of the judiciary is not compromised.

The Act was enacted to implement Article 124(4) and Article 217(1)(b) of the Constitution of India, which provide for the removal of a judge of the Supreme Court or a High Court, respectively, through a rigorous and impartial process.

Initiation by Parliament:
The process can be initiated by a motion supported by:

100 Lok Sabha members or 50 Rajya Sabha members

Committee for Investigation:
Once the motion is admitted, a three-member committee is formed to investigate the charges. It consists of: A Supreme Court judge, A Chief Justice of a High Court, An eminent jurist

Report and Action:

If the committee finds the judge guilty, the motion is debated and must be passed by a two-thirds majority in both Houses of Parliament.

Only then can the President of India issue an order for removal.

Fair Trial Principles:
The judge under inquiry is given an opportunity to present a defence, ensuring natural justice.

This ensures that judges remain accountable, without being subject to arbitrary removal. Maintains a delicate balance between judicial independence and public interest. Acts as a deterrent against misconduct, while protecting judges from frivolous or politically motivated charges.

The process is complex and rarely used, which has led to criticism about its effectiveness.

Only one judge (Justice V. Ramaswami in 1993) has undergone this process, but even then, the motion for removal was not passed.

Need for Reform

There have been ongoing discussions about replacing this Act with a more comprehensive Judicial Standards and Accountability Bill, to enhance transparency, introduce enforceable ethical standards, and streamline the complaint process.
The Judges (Inquiry) Act, 1968 represents India’s commitment to uphold the dignity and integrity of the judiciary. However, as the legal system continues to evolve, there is a growing need to modernize and strengthen mechanisms of judicial accountability in line with democratic ideals and public expectations.

Several positive steps have already been taken, such as the live-streaming of court proceedings in certain cases, e-courts initiatives, and increased access to judgments online. However, a structured and comprehensive framework for judicial accountability—possibly through a Judicial Standards and Accountability Bill—remains a long-standing demand.