UPSC DAW Mains Answer Writing 23rd September 2025

UPSC DAW Mains Answer Writing 23rd September 2025

Question

Critically Examine the accountability mechanism of judges in India.Also compare and contrast Indian and American system of judge's accountability. 

Model Answer

  1. Constitutional Safeguards: Judges of the Supreme Court and High Courts enjoy security of tenure (Articles 124, 217), ensuring independence. 

  2. Impeachment Provision: Judges can be removed by Parliament through a motion passed by special majority for “proved misbehaviour or incapacity”. 

  3. Judges (Inquiry) Act, 1968: Provides procedure for investigating complaints against judges, but is criticized for being cumbersome and opaque. 

  4. In-house Mechanism: The Supreme Court has evolved informal peer-review mechanisms to examine complaints 

  5. Judicial Standards and Accountability Bill, 2010:To establish statutory mechanisms for complaints and code of conduct. 

  6. Contempt of Court Powers:To  ensure respect for the judiciary. 

  7. Collegium System :: Judges appoint judges, which shields appointments from executive interference making the process opaque and nepotism. 

  8. RTI Exemption :: Judiciary now comes under RTI (CIC v. Supreme Court, 2010),balancing transparency and judicial independence. 

  9. Comparative Practices: Many democracies have judicial councils/ombudsmen,India lacks such independent external bodies. Ex:: Scandinavian countries. 

Way Forward:  

  1. Strengthening National Judicial Appointments Commission with transparency safeguards, 

  2. A statutory complaints authority in place. 

Judicial Accountability:India & USA,Comparisons:  

1. Appointment Mechanism. 

  • India:Judges are appointed through the Collegium system. 

  • USA:Judges are nominated by the President and confirmed by the Senate, ensuring direct democratic accountability. 

2. Tenure. 

  • India: Judges serve till 65 (SC) and 62 (HC). 

  • USA: Supreme Court judges enjoy lifetime tenure,subject only to impeachment. 

3. Removal Process. 

  • India: Removal requires a special majority in Parliament under Articles 124/217.(Justice Ramaswami case). 

  • USA: Removal through impeachment by House and broad political consensus  by Senate. 

4.  Transparency & Disclosure. 

  • India: Asset declarations are voluntary through RTI act. 

  • USA: Mandatory financial disclosures and recusal rules ensure higher transparency. 

6. Oversight Institutions. 

  • India:No independent external oversight body,proposals like the Judicial Standards and Accountability Bill but lapsed. 

  • USA:Judicial Councils review complaints against federal judges where oversight is more institutionalised. 

Conclusion:

Judicial accountability in India remains primarily internal,therefore a calibrated reform balancing independence with  external oversight mechanism is imperative for strengthening public trust.