Judicial accountability
Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Class 11, Ch 6 "Judiciary"
Meaning
Judicial accountability means that judges, though independent, must still answer for how they use their power. Class 11 NCERT says independence "does not imply arbitrariness", meaning it does not let judges act as they please. Checks come from inside the judiciary (appeals, review of judgments, larger benches and reasoned judgments given in public). Checks also come from outside it (removal of judges for proved misbehaviour, Parliament's laws on the size and powers of courts, and the RTI Act). Codes of conduct also guide judges, such as the Restatement of Values of Judicial Life (1997) and the Bangalore Principles (2002).
Example
In the Subhash Chandra Agarwal case (2019), the Supreme Court held that the office of the Chief Justice of India is a public authority under the RTI Act. In April 2025 the full court decided to publish judges' assets.
Don't confuse with
- Independence of the judiciary: independence keeps judges free from pressure by other organs. Accountability makes sure that freedom is used fairly and openly.
Related concepts
- Subhash Chandra Agarwal case
- Master of the roster
- Sealed cover jurisprudence
- Live-streaming of court proceedings
- Recusal