“Though constitutionally envisioned to uphold judicial accountability, the process of impeachment in India has remained largely ineffective in practice”. Examine the provisions governing judicial impeachment in India. What are the key challenges in its implementation, and how can the process be strengthened?
Kartavya Desk Staff
Topic: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.
Topic: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.
Q3. “Though constitutionally envisioned to uphold judicial accountability, the process of impeachment in India has remained largely ineffective in practice”. Examine the provisions governing judicial impeachment in India. What are the key challenges in its implementation, and how can the process be strengthened? (15 M)
Difficulty Level: Medium
Reference: DH
Why the question The ex- Chief Justice of India (CJI), Justice Sanjiv Khanna, has initiated the process for the removal of Justice Yashwant Varma, a former judge of the Delhi High Court, following a probe into the discovery of a pile of cash at the latter’s residence. Key Demand of the question The answer must explain the constitutional and legal provisions for judicial impeachment, identify practical challenges in its execution, and suggest ways to strengthen the process. Structure of the Answer: Introduction Briefly introduce the significance of judicial accountability and how the Constitution provides a mechanism for impeachment. Body Mention key constitutional provisions and statutory procedures involved in impeachment. Highlight major procedural, political, and institutional hurdles that hinder effective execution. Suggest structural, legal, and institutional reforms to improve accountability while preserving judicial independence. Conclusion Conclude by stressing the need for balanced reforms that ensure both transparency and judicial autonomy in the democratic framework.
Why the question The ex- Chief Justice of India (CJI), Justice Sanjiv Khanna, has initiated the process for the removal of Justice Yashwant Varma, a former judge of the Delhi High Court, following a probe into the discovery of a pile of cash at the latter’s residence.
Key Demand of the question The answer must explain the constitutional and legal provisions for judicial impeachment, identify practical challenges in its execution, and suggest ways to strengthen the process.
Structure of the Answer:
Introduction Briefly introduce the significance of judicial accountability and how the Constitution provides a mechanism for impeachment.
• Mention key constitutional provisions and statutory procedures involved in impeachment.
• Highlight major procedural, political, and institutional hurdles that hinder effective execution.
• Suggest structural, legal, and institutional reforms to improve accountability while preserving judicial independence.
Conclusion Conclude by stressing the need for balanced reforms that ensure both transparency and judicial autonomy in the democratic framework.