JUDICIAL ACCOUNTABILITY: AN INTERNATIONAL PERSPECTIVE:
Alok Prasanna Kumar, Vagish Upadhyay
Abstract
Alok Prasanna Kumar, Vagish Upadhyay
Abstract
An independent judiciary is a prerequisite of the rule of law and a preliminary guarantee of a fair trial.As a result, the judge must exemplify and uphold the independence of the judiciary in institutional andindividual aspects, since the morality of the judiciary has already been discussed in the introductionpart of the judicial independence associated with the Bangalore principles, the ethical value ofjudiciary system that Bangalore Principles crystallize are the values of impartiality, independence,propriety, integrity, competence, diligence, and equality. The basic principles of the United Nations onthe independence of the judiciary refer to the fundamental principles established to help member statesensure and strengthen the independence of the judiciary. The principles of judicial independencerequire respect for the correct application of judicial processes and the rights of the parties; it is theresponsibility of each Member State to provide adequate resources to adequately perform the functionsof the judiciary. The principle of the independence of the judiciary grants the right to implementjudicial proceedings fairly and respect the rights of the parties. Thus, globally the accepted norm is thatthe judicial independence does not mean the judges are empowered to act arbitrarily. Moreover, therecent studies on quality of judicial system in India suggest that judicial accountability is one of themost important components of judicial performance. But the precise parameter of judicialaccountability is not defined and developed in India. Judicial accountability is inclusive conceptconsists various parameters .The quality assessments of justice takes into account at least five aspectsof excellence at judicial workplace, such as accountability, independence, efficiency, accessibility, andeffectiveness..The judicial accountability implies that those who perform their duties in court must obeythe rule of law. Today, the judiciary cannot escape the
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An independent judiciary is a prerequisite of the rule of law and a preliminary guarantee of a fair trial.As a result, the judge must exemplify and uphold the independence of the judiciary in institutional andindividual aspects, since the morality of the judiciary has already been discussed in the introductionpart of the judicial independence associated with the Bangalore principles, the ethical value ofjudiciary system that Bangalore Principles crystallize are the values of impartiality, independence,propriety, integrity, competence, diligence, and equality. The basic principles of the United Nations onthe independence of the judiciary refer to the fundamental principles established to help member statesensure and strengthen the independence of the judiciary. The principles of judicial independencerequire respect for the correct application of judicial processes and the rights of the parties; it is theresponsibility of each Member State to provide adequate resources to adequately perform the functionsof the judiciary. The principle of the independence of the judiciary grants the right to implementjudicial proceedings fairly and respect the rights of the parties. Thus, globally the accepted norm is thatthe judicial independence does not mean the judges are empowered to act arbitrarily. Moreover, therecent studies on quality of judicial system in India suggest that judicial accountability is one of themost important components of judicial performance. But the precise parameter of judicialaccountability is not defined and developed in India. Judicial accountability is inclusive conceptconsists various parameters .The quality assessments of justice takes into account at least five aspectsof excellence at judicial workplace, such as accountability, independence, efficiency, accessibility, andeffectiveness..The judicial accountability implies that those who perform their duties in court must obeythe rule of law. Today, the judiciary cannot escape the
Key concepts: Judicial independence, Impartiality, Accountability, Judicial discretion, Judicial activism, Political science, Law, Judicial review