The Foundation for Democratic Reforms (FDR), in collaboration with Administrative Staff College of India (ASCI) organized a Round Table on ‘Judicial Accountability and Transparency’ on 11th September, 2016 at ASCI, Hyderabad. The round table discussed key issues surrounding judicial accountability in light of significant challenges, potential reforms and actionable recommendations.
Eminent persons from judiciary, administration, academia and media participated in this event chaired by Shri K. Padmanabhaiah, ASCI Chairman. The event was moderated by Dr. Jayaprakash Narayan and prominent participants at the event were Shri P.S. Ram Mohan Rao, former Governor of Tamil Nadu; Shri Mashava Rao Kaki, former Chief Secretary, AP and former State Election Commissioner; Shri A. Lakshman Rao, former Chief Justice, Allahabad High Court; Shri Kalanidhi Satyanarayana, former Law Secretary, AP; and Dr. Kamal Kumar, former Director, National Police Academy.
The discussion began with the question of judicial accountability specifically in light of judicial independence. The independence of the judiciary is critical for its ability to function without fear or favor. Judges must be impartial, uninfluenced by external pressures from the executive, legislature, or any other entity. This independence safeguards the judiciary’s role as an unbiased arbitrator in disputes and a protector of fundamental rights. However, independence must not be misconstrued as immunity from accountability, as unchecked power risks eroding credibility. As the custodian of constitutional values and protector of citizens’ rights, the judiciary must strike a balance between independence and accountability to maintain public trust.
Judicial overreach has emerged as a critical issue in recent years, with courts sometimes extending their mandate beyond constitutional boundaries. While the judiciary has delivered landmark judgments that have advanced societal progress, its role is to interpret the law rather than create policy. Judicial activism that borders on policy-making undermines the separation of powers and risks encroaching on the domain of the legislature and executive. The panel concluded that a balanced approach is essential, where the judiciary respects its constitutional role while upholding citizens’ rights.
Another significant issue discussed was the impeachment process for judges, which is designed to protect judicial independence but is rarely invoked due to its stringent requirements. This near-impossibility of removing judges, even in cases of alleged misconduct, creates a dilemma. While the system prevents misuse of the impeachment process for political gains, it also makes addressing genuine cases of misconduct challenging.
The panel critiqued the ‘collegium system’ established through the “Three Judges Cases,” which governs judicial appointments in India. While designed to protect the judiciary’s independence, this system has faced criticism for its opaque functioning. The absence of transparency and clear criteria in the selection process has raised concerns about nepotism and lack of accountability.
The credibility of courts in India hinges on their ability to deliver justice that is not only fair but also timely. Delays in case resolutions, perceived opacity in decision-making, and allegations of judicial misconduct can erode public trust. To address these challenges, the panel recommended that the judiciary must prioritize reforms that enhance accountability and efficiency while upholding its independence. Transparency in functioning and appointments as well as adherence to high ethical standards are essential to reinforcing its role as a pillar of democracy.
Dr. Jayaprakash Narayan concluded by reinforcing how, in a democratic setup, every institution including the judiciary must derive its legitimacy from the people it serves. No institution can afford to be self-appointing or self-preserving without risking alienation from the public. A transparent and accountable judiciary rooted in democratic principles ensures that it remains a credible and effective guardian of the Constitution. Strengthening accountability mechanisms while preserving judicial independence is crucial for maintaining public trust and upholding rule of law in India.