SYMBIOSIS LAW SCHOOL, PUNE

LLM 2023-24
1ST INTERNAL ASSESSMENT
SUBJECT: COMPARATIVE PUBLIC LAW
RESEARCH PROPOSAL TOPIC: COMPARATIVE ANALYSIS OF JUDICIAL
ACCOUNTABILITY IN INDIA & USA

Submitted by

SURUCHI PRADEEP KANOONGO

RELEVANCE OF THE TOPIC IN CONTEMPORARY SCENARIO

This research underlines the significant importance of decisions made by judges without
applying legal principles and precedents, and personal biases or any external pressures often
drive them. Judicial accountability is, therefore, a crucial aspect of any democratic system, which
ensures the judicial process's impartiality and makes judges responsible for their conduct.
With growing concerns about the accountability of judges in the USA and India, a comparative
analysis becomes the need of the hour. In India, recent debates surrounding judges' conduct
demand a closer examination of accountability in place. Similarly, in the USA, the influence of
politics on the Judiciary and judicial misconduct cases requires thorough investigation.
Furthermore, with recent developments in both countries, a comparative analysis can offer
guidance on potential reforms and improvements to ensure a fair and accountable judiciary in the
21st century.

INTRODUCTION

The Judiciary is the third organ of the government through which justice is served. Judges are the
human persons who preside over the courts. They are not just the symbols of the courts but are
considered as the justice deliverers. The main goal of this research is to analyze the
accountability mechanisms within the judicial systems of India and the United States. It will also
seek to examine the flaws in the accountability method and suggest possible solutions to achieve
accountability by maintaining the independence of the Judiciary.
“Judicial accountability can be defined as the set of mechanisms aimed at making judges and
courts personally or institutionally responsible for behaviors and decisions contrary to
constitutional or legal standards”.1

1
“Oxford Constitutional Law, https://oxcon.ouplaw.com/display/10.1093/law-mpeccol/law-mpeccol-e329 (last
visited on Sep. 17. 2023)”
Accountability of judges is a fundamental pillar of any legal system. The judicial system of any
country should be independent while upholding the principles of justice. Justice is declared to be
blind; therefore, it is on the Judiciary to decide how to provide justice by remembering that
justice should be reached to every citizen of that country. The statement given by the great
historian, "absolute power corrupts absolutely, clearly depicts the idea that having power
corrupts a man or decreases his morality, and the more power a man has, the more corrupt he
becomes.” It is, therefore, necessary to make judges accountable for their actions.
Therefore, judicial accountability is crucial in ensuring transparency and fairness in the
Judiciary. Despite their systems, India and the USA need help ensuring competent judges and
upholding judicial integrity. The proposed research will focus on maintaining the integrity and
impartiality of the Judiciary in two diverse legal systems, ultimately enhancing public trust in the
judicial process. This research also aims to highlight the approaches taken by these countries and
draw some lessons for improving the quality and accountability of judges.

STATEMENT OF PROBLEM

Judicial accountability means accepting the responsibility of actions. The judicial systems of
India and the USA are the pillars of their democracies. However, concerns arose about whom the
Judiciary is expected to be accountable and how judicial accountability can be achieved. This
research proposes whether the current systems ensure the impartiality of judicial conduct and if
they successfully address issues related to judicial misconduct and public trust.

RESEARCH QUESTIONS

1. To whom the Judiciary is expected to be accountable?

1. To assess the accountability of the Judiciary.

RESEARCH METHODOLOGY

Comparative Analysis: We will take a comparative approach and conduct a study to compare
judicial accountability systems in India and the USA. Our focus will be on understanding the
legislative bodies' roles and the involvement of existing judges in these processes.

Case Studies: An in-depth analysis of selected cases and assessing them by highlighting judicial
accountability challenges.

Legal Framework Analysis: We will analyse both the Indian and U.S. constitutions to uncover
the foundations that guide judicial accountability.

SCOPE AND LIMITATION

This research focuses on understanding to whom the Judiciary shall be accountable with a
specific comparative analysis between the USA and India. The scope is limited to examining the
factors needed to ensure judicial accountability.
Due to time constraints and the complexity of the topic, this study is confined to a comparative
analysis of understanding to whom the Judiciary should be accountable and achieving judicial
accountability in the USA and India. It needs to cover other aspects of judicial accountability
comprehensively. The limitations provide a narrower focus on understanding the broader concept
of judicial accountability.
 LITERATURE REVIEW

Reference Books:
Dr. J.N PANDEY2 , in his book, provides a comprehensive concept of the study of the Indian
Constitution. The book examines and underlines the principles of accountability of the Judiciary.
It discusses the checks and balances as a part of the Indian Constitution, thereby holding judges
accountable for their conduct. However, it does not provide insight into recent developments and
significant changes impacting the accountability of judges. So, this research will further offer
data based on contemporary decisions that dive into the judicial accountability concept.

In his book, Mark Tushnet offers an overview of the Constitution of the United States. It
provides a precise analysis of the critical principles of the Constitution. It states the concept of
Judicial Review and Judicial Supremacy. However, it lacks in explaining the clear idea about the
accountability of the Judiciary through various contemporary judgments and further to provide
measures to ensure the public trust in the Judiciary. This research will provide valuable insight
into the Judicial system of the USA and the accountability process while fulfilling the need to
add recent judgments.

C.K Takwani3 explains the separate branches of law, their work, and the checks and balance
system. The author has also rightly pointed out the fundamental principles of administrative law
as developed through the judicial process. The book also states the principles of natural justice,
the doctrine of judicial review, and remedies concerning cases.

Judiciary on Trial by B.R. SHARMA4 explicitly talks about judging the judge as challenging. It
talks about the role of authorities in exercising control over the judges. It also suggested some
mechanisms to answer the problem of judging the judge. However, the tools stated in the book
have yet to precisely give a complete answer to the accountability of judges. So, this research
focuses on achieving judicial accountability by adopting measures keeping in mind the
independence of the Judiciary.

2
“Dr. J.N. PANDEY, CONSTITUTIONAL LAW OF INDIA, (Central Law Agency 2019)
3
C.K. TAKWANI, LECTURES ON ADMINISTRATIVE LAW, (Eastern Book Company 2021)
4
B.R. SHARMA, JUDICIARY ON TRIAL, 82-103 (State Mutual Book & Periodical Services 1988)”
NICHOLAS BAMFORTH & PETER LAYLAND5 , in Accountability in the Contemporary
Constitution, analyses the concept of accountability in constitutional law and administrative law
is complex thing. So, this book says about the legal framework of public institution, considering
recent accountability debate and the role of human right in accountability. However, in many
countries like USA it has done the particular resonance in recent circumstances with the
decreasing power of social differences and expanding the reach of peoples accountability
mechanism and increasing the participation of people with the evolving contemporary societies,
the need for accountability in constitutions is highly required.

RESEARCH ARTICLES

Hon'ble Mr. Justice V.R. Krishna Iyer6, who helped ordinary people access justice, emphasized
the importance of Judicial Accountability to the Community in his article. He has encouraged
community participation in the Judiciary through public consultations. The author also stated
about the sneaky practice of pronouncement of judgments by the judges. He reflects on the
problem that copies of such decisions are unavailable for months, which amounts to incoming
behavior against the bar. So, there is a need for a judicial ombudsman. He believes that
mechanisms should be made to holding judges accountable to the Community, which
emphasizes a democratic necessity. However no proper mechanism has explicitly been
elaborated.

Prof. Anuradha Dhadge Girme7 in her research article discusses, how Judiciary plays very
important role to protect the rights of the people. To achieve this the author says, it is very
important that appointment and accountability of judges remain fair. Through this research
article borrows provisions from other countries on some issue where there is an absence of
5
NICHOLAS BAMFORTH & PETER LAYLAND, ACCOUNTABILITY IN CONTEMPORARY CONSTITUTION,
Chapter 1, (EBSCO Publishing)
6
“V R Krishna Iyer, Judicial Accountability to the Community: A Democratic Necessity, Vol.26, No. 30, July
27,1991, ECONOMIX & POLITICAL WEEKLY, (1808-1814)”
7
Ass.Prof. Anuradha Dhadge Girme, Judicial Accountability and Comparative Approach, Vol. 8 Issue 07, July-
2019, IJERT, 889-896, (2019)
concrete statues for accountability. The author tries to specify certain recommendations
pertaining to the judicial standards and judicial accountability.

Sandra Day O'Connor8 in the article “Judicial Accountability Must Safeguard, Not Threaten,
Judicial Independence”, throws light on how accountability of the judges must be safeguard. The
article also tells about the independent exercise of powers by the judges without any wrongful
interference by other branches of the government. In all the federal courts, including the supreme
court, death threat has become increasingly common due to which the accountability of the
Judiciary is in question. The author also stated the principles for which a judiciary should be held
accountable. This research enumerates the effective and trustworthy judicial performance in light
of America's judicial accountability framework.

According to author Hon.AMY J. ST. EVE & Michael A. Zuckerman 9, with increasing growth in
social media has posed a serious threat in the conduct of Judiciary. Through this social media,
judges have committed high profile act of misconduct. In this article, the authors try to present
the informal survey from actual jurors and their use of social media during the trials.
Accountability issues arose when judges communicate about the case before giving the verdict.
The author after surveying courts responds towards judgments with the use of social media
describe the result of informal survey. However, the authors does not suggest corrective methods
in accountability while using social media.

Hessick. F.Andrew10 in his article said that in recent years it has been seen that the judges are
declaring how the law should be, but the actual work of the judge is to declare what the law is.
Scholars and judges including the majority of the U.S. Supreme Court justices, have stated that
the court's work is the interpretation of law. According to the author, many doctrines depend
upon the theory that the law made at that time is not suitable for certain conditions but can be
changed by decision-makers, i.e., the judges. But if the judge moulds law according to their
8
“Sandra Day O’Connor, Judicial Accountability must be Safeguard, Not Threaten, Judicial Independence: An
introduction, Vol 86 Denv. U.L. REV. 1 (2008)”
9
“Amy J. St. Eve & Michael A. Zuckerman, Ensuring an Impartial Jury in the Age of Social Media, 11 DUKE L. &
TECH. REV. 1 (2012)”.
10
Hessick, F. Andrew, Brigham Young University Law Review; 2023, Vol. 48 Issue 3, p777-825, 49p
whims and fancies, it will breach the doctrine of separation of power, which will raise questions
relating to accountability and eventually break the public trust. The author did not explicitly
suggest measures, so this research will focus on resolving the issue.