·The Hindu·15 marks·250–350 wordsPolity

Judicial independence and judicial accountability are often seen as being in tension. Critically examine with reference to recent controversies involving High Court administration.

In this answer
  1. The case for insulation
  2. The accountability deficit

The Constitution secures independence by making a judge removable only through a parliamentary address under Article 124(4) (read with Article 218 for High Courts) [1]; accountability, by contrast, rests almost wholly on self-regulation. The Rajasthan High Court row of August 2026 shows the two straining against each other — though not irreconcilably.

The case for insulation

  • Removal is deliberately difficult: a motion must be backed by an inquiry committee under the Judges (Inquiry) Act, 1968, ensuring no judge is unseated for unpopular verdicts [2].
  • Transfers and appointments of High Court judges (Articles 217 and 222) are routed through the collegium, keeping the executive out of judicial careers [1].
  • Administrative autonomy: in Asok Pande (2018) the Court held the Chief Justice alone is "master of the roster", with sole prerogative to constitute Benches for orderly functioning [4].

The accountability deficit

  • For misconduct short of removal, the only route is the In-House Procedure (1999) — confidential, without fixed timelines, and ending at best in advice to resign [3][5].
  • No forum exists for judge-versus-judge grievances about High Court administration; in the Rajasthan matter a sitting Supreme Court judge reportedly escalated by writing successive letters to the CJI — correspondence substituting for procedure.
  • The same roster power upheld in Asok Pande carries no internal check, so allegations of manipulated case listings have no reviewable remedy [4].
  • Removal has never been completed against any judge in India, leaving an all-or-nothing choice [5].
  • Bar bodies at Jodhpur and Jaipur urged internal settlement to protect the judiciary's image [6] — institutional dignity preserved, public information withheld.

The tension is real but not zero-sum: opacity, not scrutiny, is what erodes public confidence. Codifying the in-house procedure with defined timelines, a standing peer mechanism for administrative complaints, and transparent roster norms would strengthen accountability through independence — the balance the Constitution's framers intended.

Sources

  1. 1The Constitution of IndiaArticles 124(4), 217, 218, 222 on removal, appointment and transfer of judges
  2. 2The Judges (Inquiry) Act, 1968statutory inquiry committee procedure for removal
  3. 3Report of the Committee on In-House Procedure, Supreme Court of Indiainternal remedial mechanism for complaints against judges
  4. 4*Asok Pande* v. Supreme Court of India (11 April 2018)Chief Justice as master of the roster
  5. 5PRS Legislative Research, "Explainer: Mechanisms to investigate charges against a Supreme Court judge"limits of existing accountability routes
  6. 6*The Hindu*, "Settle Acting Chief Justice row internally: Rajasthan lawyers" (28 August 2026)Bar bodies' demand for internal resolution
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