Judicial Appointment, Accountability and Constitutional obligation of Judges in India

Turkish Online Journal of Qualitative Inquiry (TOJQI) Volume 12, Issue 7, Month 2021: 573-592

20 Pages Posted: 4 Jan 2023

See all articles by Dr. Jay Kumar Bhongale

Dr. Jay Kumar Bhongale

Bharati Vidyapeeth Deemed to be University, New Law College, Pune

Dr. Ujwala Bendale

New Law College Bharati Vidhyapeeth University

Date Written: June 15, 2021

Abstract

The Supreme Court of India and its role to upgrading the concept of judicial accountability is weak as compared to the foreign legal system. In the behind of judicial independence veil the judicial system of India moving towards the gross failure. Inordinate delay, corruption, deviant behavior of the higher judiciary, power despotism with the help of contempt proceeding becomes modern phenomenon of judiciary of India. There is having room for development in the procedure of appointment of higher judiciary, their removal and transfer.

Present Article speaks about the Judicial Accountability and Constitutional obligation of the judiciary in India. Whether judicial Accountability and Constitutional obligations are the two side of a same coin or not? Whether judges of the Superior Court shall be accountable to the people for their functioning? Whether here is necessity to think that regular assessment of judicial functionary is important? Whether here is necessity to think that their promotion shall be based on their performance. Above questions will be discussed in the rest of this article.

Keywords: Judicial Accountability, Power Despotism, Assessment of Functions, Justice Delay & Denied, Right to Justice, Contempt of Court

Suggested Citation

Bhongale, Dr. Jay Kumar and Bendale, Dr. Ujwala, Judicial Appointment, Accountability and Constitutional obligation of Judges in India (June 15, 2021). Turkish Online Journal of Qualitative Inquiry (TOJQI) Volume 12, Issue 7, Month 2021: 573-592, Available at SSRN: https://ssrn.com/abstract=4312024

Dr. Jay Kumar Bhongale (Contact Author)

Bharati Vidyapeeth Deemed to be University, New Law College, Pune ( email )

Educational Complex, Erandwane, Paud Road,
Pune, 411038
India

Dr. Ujwala Bendale

New Law College Bharati Vidhyapeeth University ( email )

Educational Complex, Erandwane, Paud Road,
Pune, 4110
India
02025444616 (Phone)
02025444616 (Fax)

HOME PAGE: http://www.bvpnlcpune.org

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