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