Advantages of judicial accountability In India

• Promotes the rule of law: Ensuring judicial accountability deters behaviour that could jeopardise the independence, integrity, and impartiality of the judiciary. When judges are held accountable for their acts, they are more likely to behave in line with the law and their professional responsibilities, helping to preserve the judiciary’s integrity. In turn, this strengthens the rule of law since the judiciary is perceived as an independent and impartial institution that upholds the law.
• Promotes public confidence: When the public has faith in the judicial system, it contributes to a sense of trust in the legal system. By establishing judicial accountability, the public can have faith that judges are held to a high standard of behaviour and are not immune to disciplinary action. This can aid in preventing the perception of corruption or bias in the judiciary and bolster legitimacy and confidence in the courts.
• Promotes institutional responsibility: The judiciary is a separate government arm that serves the public. By holding judges accountable for their acts, the judiciary is subjected to the same standards of responsibility and responsiveness as other government branches. This can aid in ensuring that the judiciary is responsive to public needs and operates in a fair, efficient, and effective manner. It also prevents judges from abusing their power or acting against the public’s best interests.
• Reduces corruption: Judicial accountability serves to decrease corruption in the judiciary by holding judges accountable for their activities. It ensures that judges are not immune from prosecution for wrongdoing and are held to the same high standards as other government employees.
• Reduces case backlogs: Judicial accountability aids in the reduction of case backlogs by holding judges accountable for managing their caseloads and disposing of cases in a timely way. This promotes judicial efficiency and ensures that justice is administered in a timely way.
• Quality of Justice: Holding judges accountable for their actions, decisions, and behaviour ensures the fair, efficient, and effective administration of justice. Important for strengthening the quality of justice, accountability systems can reduce delays and promote prompt case resolution. When judges are held accountable, they are more likely to apply their discretion responsibly and impartially, eventually enhancing the quality of justice for everyone.
• Upholding Fundamental Rights: Ensuring judicial accountability ensures the protection and advancement of constitutionally established fundamental rights. When judges are held accountable, they are more likely to make impartial judgements based on the law as opposed to their own personal preferences or interests. This safeguards the rights of everyone, regardless of class or position.

Measures needed to ensure judicial accountability in India

• Foster a culture of independence:  The judiciary must be independent, impartial, and accountable to ensure the overall integrity of the judiciary. To achieve this, there needs to be a culture that fosters these values among judges. Judges must be free to make decisions based on the law and facts of the case without any external pressure, influence, or interference.
• The Judicial Standards and Accountability Bill: In 2010, the Judicial Standards and Accountability Bill was introduced in India, but it lapsed without being passed. To address the concerns of the previous Bill and avoid undue influence of the Legislature or Executive, a new Bill on setting judicial standards is needed. A former Chairperson of the Law Commission recommended the creation of a new Bill that adequately addresses these issues.
• Develop and enforce codes of judicial conduct: A code of judicial conduct is a set of ethical principles and rules that guide the behaviour of judges. These codes serve as a measure of judicial conduct and a guide for judges to ensure that they adhere to ethical standards. The codes must be enforced through effective mechanisms to ensure accountability.
• Strong and independent judge’s associations: Judges associations play an essential role in providing a safe point of reference for judges to interact with the state. These associations must be independent of the government and free from any external pressure. They must also have the authority to advocate for the independence of the judiciary.
• Responsibility to Citizens: The judiciary is an important institution of the state that upholds the rule of law and protects the rights of citizens. Judges have a responsibility to act in the best interest of citizens and deliver justice that is fair, impartial, and transparent. The decisions made by judges must be based on the law and must be accessible to the public, so citizens can hold them accountable. 
• Civil Society: Civil society actors, including the media and NGOs, play a critical role in promoting transparency and accountability in the judiciary. They provide a platform for public debate and scrutiny, raise awareness of issues that affect citizens, and advocate for necessary reforms. Civil society can also serve as watchdogs, monitoring the conduct of judges and the judiciary to ensure that they adhere to ethical standards and protect constitutional values. By raising their voices, civil society actors can help promote a culture of accountability in the judiciary and strengthen democracy.
• Publications: Encourage transparency and public scrutiny in the functioning of the judiciary, including the publication of judgments, annual reports, and other relevant information. Transparency and public scrutiny are critical for ensuring judicial accountability. The judiciary should publish its judgments and other relevant information on its functioning. The annual reports of the judiciary should be made public and tabled before Parliament or the State Legislature.
• Establish a permanent committee of retired judges: The committee should be composed of highly respected and experienced retired judges who are not currently involved in the judicial system. They should be appointed through a transparent and merit-based process to ensure their impartiality.
• Provide a mandate to the committee: The committee should have a clear mandate to investigate issues related to judicial accountability, including the quality of judgments, the amount of judicial time devoted to cases, and the number of adjournments granted.
• Balance between judicial independence and judicial accountability: Maintaining a balance between judicial independence and judicial accountability is necessary for the effective operation of the legal system. These two principles are interrelated and complementary since they both strive to foster judicial integrity and bravery. The purpose of bolstering judicial accountability is to boost the effectiveness of the legal system by assuring its operation with honesty and fortitude.

While judicial independence is an important element of a functioning democracy, it is not an end in itself. The ultimate goal is to ensure impartial and fair trials, which can only be achieved through an accountable judiciary. Neglecting judicial accountability can lead to a dangerous collusion between dishonest politicians and judges, posing a threat to democracy. It is essential to recognize the unique role of the judiciary and hold it to a higher standard of responsibility than the other branches of government. Thus, there is a need to strike a balance between independence and accountability to ensure that the judiciary remains impartial, fair, and responsive to the needs of the public it serves.