·The Hindu·15 marks·250–350 words

Judicial independence and judicial accountability are often seen as being in tension. Discuss with suitable examples.

In this answer
  1. The design that protects independence
  2. The accountability deficit this creates
  3. Where the tension is sharpest

Judicial independence — insulating judges from executive and legislative pressure — and judicial accountability — the duty to answer for misconduct — are twin pillars of the rule of law. Yet the very safeguards that secure the first can obstruct the second, as the recent proceedings against Justice Yashwant Varma illustrate.

The design that protects independence

  • Article 124(4), read with Article 217(1)(b), permits removal only for "proved misbehaviour or incapacity", through an address by both Houses supported by a special majority [1].
  • Security of tenure, charged salaries, and the bar on discussing judicial conduct in Parliament (Article 121) complete the shield [1].
  • The Judges (Inquiry) Act, 1968 channels allegations through a Speaker-admitted motion and a statutory three-member committee before Parliament may vote [2].

The accountability deficit this creates

  • The threshold is deliberately onerous: no judge has ever been removed by Parliament — the Ramaswami motion failed for want of votes, while Justices Soumitra Sen and P.D. Dinakaran resigned mid-process [3].
  • The gap is filled by the CJI-led in-house procedure, which carries no statutory force and no public reporting.
  • In the Varma case, burnt cash was found at a Delhi High Court judge's official residence; the statutory committee held all three charges "proved" and its report was tabled in Parliament in August 2026 — yet his resignation preceded any vote, leaving the removal machinery largely infructuous [4].

Where the tension is sharpest

  • Legislative inquiry into judicial conduct risks political pressure; purely internal inquiry risks self-policing. The Supreme Court's affirmation of the Speaker's power to constitute the inquiry marks a workable middle path [4].

The two values are therefore not rivals but conditions for each other — independence without accountability breeds impunity, accountability without independence breeds pliancy. A statutory, time-bound and transparent complaints mechanism, coupled with declaration of assets and a graded menu of sanctions short of removal, would let the judiciary answer for lapses without surrendering the autonomy that Articles 124 and 217 were written to guarantee.

Sources

  1. 1The Constitution of India (as on 11 November 2025), Legislative Department, Ministry of Law and JusticeArticles 121, 124(4) and 217(1)(b): grounds and special-majority procedure for removal
  2. 2The Judges (Inquiry) Act, 1968 (Act No. 51 of 1968), India Codemotion admission, three-member inquiry committee, report laid before both Houses
  3. 3PRS Legislative Research — Explainer: How a sitting judge can be removed from officepast removal attempts (Ramaswami, Sen, Dinakaran) and their outcomes
  4. 4The Hindu — "Charges against Justice Varma 'proved': panel" (13 August 2026)cash discovery at the judge's residence, all three charges held proved, report tabled in Parliament, Speaker's inquiry power upheld

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