UPSC Mains GS-2 Polity & Governance

Question – “Judicial independence and judicial accountability are two sides of the same coin.” Analyse the challenges in maintaining this balance in India.

Answer-

Introduction

The Constitution of India enshrines the independence of the judiciary as an essential feature of the basic structure doctrine (Kesavananda Bharati, 1973). At the same time, in a democracy, judicial accountability is indispensable to maintain public trust and uphold the principle that “power must be answerable to the people”. However, balancing these two often complementary but occasionally conflicting principles poses significant challenges in India.

Why Judicial Independence is Vital

1. Separation of powers – Judiciary acts as a check on legislature and executive.
2. Guardian of Fundamental Rights – Acts as protector of Part III rights (Kesavananda Bharati, Maneka Gandhi).
3. Basic structure doctrine – Ensures constitutional supremacy over parliamentary sovereignty.

Why Judicial Accountability is Equally Important

1. Prevention of misuse of power – Judiciary is unelected and wields vast authority; lack of accountability may lead to arbitrariness.
2. Transparency in appointments and functioning – To avoid nepotism, favouritism and secrecy (as seen in criticism of collegium system).
3. Public confidence – Judicial legitimacy derives not from votes but from fairness and impartiality.

Challenges in Maintaining the Balance

1. Opaque Collegium System

   • Ensures judicial independence by insulating appointments from executive interference.
   • But criticised for lack of transparency and alleged nepotism, raising questions of accountability.

2. Judicial Overreach vs. Judicial Activism

   • Activism (Vishaka case, environmental jurisprudence) strengthens rights.
   • But excessive intervention in policy (e.g., NJAC striking down, governance matters) raises accountability concerns.

3. Lack of Effective Accountability Mechanisms

   • Judges of higher courts can be removed only by impeachment under Articles 124(4) and 217, which is rare and politically difficult.
   • Internal in-house mechanisms lack transparency and enforceability.

4. Contempt of Court Powers

   • Protect independence by ensuring respect for judiciary.
   • But vague and subjective use may stifle legitimate criticism, undermining democratic accountability.

5. Post-retirement Appointments

   • Creates perception of judicial bias towards the executive to secure positions (e.g., tribunals, commissions).
   • Erodes independence while highlighting accountability deficit.

6. Delay and Pendency of Cases

   • Over 4.5 crore pending cases weaken both independence (justice delayed is justice denied) and accountability (failure of efficiency).

Way Forward

1. Transparent and Participatory Appointment System

   • Reform collegium with wider consultation, objective criteria, and published reasons.
   • Ensure NJAC-type reforms without compromising judicial primacy.

2. Strengthen Internal Accountability

   • Institutionalise a Judicial Complaints Redressal Mechanism with external oversight but insulated from political interference.

3. Code of Ethics for Judges

   • A binding and enforceable code to regulate conduct, financial disclosures, and conflict of interest.

4. Balanced Use of Contempt Powers

   • Contempt jurisdiction must not silence genuine criticism; distinction between fair criticism and malicious attacks should be observed.

5. Addressing Post-retirement Appointments

   • Cooling-off period for judges before accepting executive posts to preserve impartiality.

6. Technological and Procedural Reforms

   • Fast-tracking case disposal, e-courts, and better case management to reduce pendency, enhancing both efficiency and public trust.

Conclusion

Judicial independence and accountability are not contradictory but complementary values essential for a robust democracy. As Justice P.N. Bhagwati observed, “Judicial independence is not the freedom to act arbitrarily, but to act fearlessly and fairly.” India must therefore institutionalise reforms that preserve judicial autonomy while ensuring transparency, responsibility, and responsiveness. Only then can the judiciary truly embody the principle that independence without accountability breeds arbitrariness, while accountability without independence destroys impartiality.

UPSC Mains Answer Writing Tips for Students

Since this was asked in UPSC Mains GS Paper-2, let’s see how aspirants can frame such answers in the exam hall:

1. Understand the Directive Word

• Here the word is “Analyse”.
• That means you must examine both sides of the issue and present a balanced answer.

2. Structure is Key

• Introduction – Short and contextual (quote, judgment, constitutional article).
• Body – Divide into subheadings like importance, challenges, examples, way forward.
• Conclusion – Value-loaded, positive, reform-oriented.

3. Use Case Laws & Reports

• Mention landmark judgments (Kesavananda Bharati, NJAC case, Maneka Gandhi).
• Quote Law Commission and Constituent Assembly debates wherever possible.

4. Balance GS Paper-2 with GS Paper-4 (Ethics)

• Judicial accountability is not just a governance issue but also an ethical issue.
• Link with GS-4 concepts like integrity, transparency, probity, and impartiality.

5. Diagrams & Flowcharts

• In Mains, answers with small flowcharts, tables, or frameworks stand out.
• Example: Draw a balance scale showing “Judicial Independence” on one side and “Judicial Accountability” on the other.

Strategy for UPSC Mains GS Papers

1. GS Paper-1 (History, Geography, Society)
   • Focus on facts + analysis. Use historical continuity.
2. GS Paper-2 (Polity, Governance, IR)
   • Quote Constitution Articles, Supreme Court cases, committee reports.
   • Always link governance issues with “democracy and accountability.”
3. GS Paper-3 (Economy, Environment, Security, Technology)
   • Use current data (NITI Aayog, RBI, IPCC, NCRB reports).
4. GS Paper-4 (Ethics, Integrity, Aptitude)
   • Use real-life examples of administrators, freedom fighters, and Supreme Court judgments.
   • Frame answers around values (justice, fairness, honesty).

Final Note for Aspirants

UPSC Mains is not about writing everything you know, but about writing what the examiner wants to read. Always:

• Stick to the word limit (150–250 words per question in the exam).
• Write balanced, multidimensional answers.
• Use keywords like transparency, accountability, efficiency, inclusiveness to enrich your content.

If you practice answer-writing daily with focus on GS Paper-2 and GS Paper-4, you will automatically develop the ability to tackle questions like “Judicial independence and judicial accountability are two sides of the same coin” with clarity and confidence.