AN APPRAISAL OF THE JUDICIAL SYSTEM IN INDIA: A CRITICAL STUDY ON JUDICIAL INDEPENDENCE VIS-À-VIS JUDICIAL ACCOUNTABILITY

Book excerpt: We, the people of India, have adopted a written Constitution which has created an independent judiciary having the power of judicial review. While exercising this power, the judiciary not only acts as a guardian of the Constitution and its values, but also protects us from illegality, arbitrariness, malafides and corruption of other organs of the State. Therefore, in order to perform these functions the judiciary in India, since the adoption of the Constitution has been enjoying the highest degree of independence and has been held least accountable. This system has been adopted in the Constitution with the objective to achieve the concept of Justice as enshrined in the Preamble. It is pertinent to note that initially the judiciary had responded appropriately to achieve this object but, in due course of time, the Indian Judiciary under the guise of judicial activism, has shifted its focus in addition to delivering Justice, to governing the nation and its policies.