Hindi English Translation || Editorial || Judges’ dilemma: On the judiciary, its accountability

Judges’ dilemma: On the judiciary, its accountability

Accountability (जवाबदेही, उत्तरदायित्व) and independence ought to be equally important for judges

The Lokpal’s ruling that High Court judges are amenable (Willing to accept or be influenced by a suggestion) to its jurisdiction and the Supreme Court order staying it on its own motion raise more than a mere question of law. The issue concerns both the independence of the judiciary and its accountability. That the Court, government law officers and senior advocates found the Lokpal’s decision disturbing is understandable, as many believe that judicial independence will be undermined (कमज़ोर करना, क्षति पहुँचाना) if judges of constitutional courts are made answerable to the Lokpal, even though they fall under the definition of ‘public servant’ under the Prevention of Corruption Act. The Lokpal view appears to be prima facie incorrect. There is nothing to suggest that superior court judges were ever considered to be under its remit (To send money or cancel a debt or punishment). Last month, the Lokpal, headed by former Supreme Court judge, A.M. Khanwilkar, rejected a corruption complaint against a former Chief Justice of India (CJI) on the ground that the Lokpal Act, 2013, did not concern apex court judges and that its reference to “persons” who are members of any body or authority created by an Act of Parliament cannot be applied to the Supreme Court, an institution established by the Constitution. However, in respect of High Court judges, it said High Courts established by statutes creating the respective States were statutory (वैधानिक, कानूनी) bodies, and their judges were “persons” within the meaning of Section 14 of the Lokpal Act.

The independence of the judiciary was the foremost (प्रमुख, सर्वोपरि) consideration when the Court held in K. Veeraswami vs Union of India (1991) that no case can be registered against them without consulting the CJI, even though it also said judges were public servants under the Prevention of Corruption Act. Based on this principle, the Lokpal has referred the complaint to the CJI. While the Lokpal ruling is set to be reviewed (समीक्षा , पुनरावलोकन), the time may have come to address the issue of accountability in the rare event of a credible (विश्वसनीय) corruption charge arising against a judge. The matter is now dealt with by the Court through an in-house procedure, initiated only if the Chief Justice of a High Court, or the CJI or the President receives a complaint. If the charges appear true, asking the judges concerned to resign, denying them judicial work or recommending their removal through Parliament are the options available. Some judges are transferred from one High Court to another, but whether a corruption charge is the reason is never disclosed (प्रकट करना, उजागर करना). The Court should see if the present mechanism is enough or it needs to be expanded to include credible follow-up action such as an independent prosecution (अभियोग पक्ष, मुकदमा) under its supervision (निगरानी, पर्यवेक्षण). Both accountability and independence ought to be equally important for the judiciary.

Courtesy: The Hindu

Important Word List With Meaning

1.Dilemma (Noun)

Hindi Meaning - दुविधा, संकट
English Meaning - A situation in which a difficult choice has to be made between two or more options.

2.Accountability (Noun)

Hindi Meaning - जवाबदेही, उत्तरदायित्व
English Meaning - The obligation to accept responsibility for one's actions.

3.Undermine (Verb)

Hindi Meaning - कमज़ोर करना, क्षति पहुँचाना
English Meaning - To weaken or damage something gradually.

4.Statutory (Adjective)

Hindi Meaning - वैधानिक, कानूनी
English Meaning - Required, permitted, or enacted by law.

5.Disclose (Verb)

Hindi Meaning - प्रकट करना, उजागर करना
English Meaning - To reveal or make known information.

6.Supervision (Noun)

Hindi Meaning - निगरानी, पर्यवेक्षण
English Meaning - The act of overseeing or managing work or activities.

7.Credible (Adjective)

Hindi Meaning - विश्वसनीय
English Meaning - Believable or trustworthy.

8.Prosecution (Noun)

Hindi Meaning - अभियोग पक्ष, मुकदमा
English Meaning - The process of conducting legal proceedings against someone.

9.Review (Noun)

Hindi Meaning - समीक्षा , पुनरावलोकन
English Meaning - A formal assessment or examination of something.

10.Foremost (Adjective)

Hindi Meaning - प्रमुख, सर्वोपरि
English Meaning - Most important or best in rank or position.

11.Amenable (Adjective)

English Meaning - Willing to accept or be influenced by a suggestion.

12.Remit (Verb)

English Meaning - To send money or cancel a debt or punishment.