Supreme Court of India Needs Transparency to Ensure Judiciary's Credibility

The author traces the history of the question of judicial accountability through important judgments and argues for a transparent system within the judiciary itself to deal with cases of judicial misconduct.

“I was there. I plead guilty. I don’t know why I yielded to my colleagues… I still feel it was against my conscience. It was an act of weakness on my part. I confess.” (Bhagwati 2011)

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Notes

Cases Cited

ADM Jabalpur v Shiv Kant Shukla (1976): SCC, SC, 2, p 521.
A R Antulay v R S Nayak (1988): SCC, SC, 2, p 602.
Garnett v Ferrand (1827): 6 B&C, p 611.
Naresh Shridhar Mirajkar and Ors v State of Maharashtra (1966): SCR,3, p 744.
Ram Deo Chauhan v Bani Kanta Das (2010): SCC, 14, p 209.
Sirros v Moore (1974): WLR, 3, p 459.

References

- Bhagwati, P N (2011): Interview with MyLaw.net, 2 August, http://blog.mylaw.net/r-p-justice-bhagwati-1921-2017/.
- Pimentel, David (2009): “Reframing the Independence v Accountability Debate: Defining Judicial Structure in Light of Judges' Courage and Integrity,” Cleveland State Law Review, Vol 57, No 1, http://engagedscholarship.csuohio.edu/clevstlrev/vol57/iss1/3/.
- Venkatachaliah, M N (2009): Khanna Memorial Lecture, 25 February.
- Verma, J S (2010): “Judicial Independence: Is It Threatened?” Lecture delivered at First S Govind Swaminadhan Memorial Lecture, Madras High Court Bar, Chennai, 29 January.

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