Election of judges won’t lead to accountability:How to fasten accountability on judges without compromising judicial independence remained a challange

Election of judges won’t lead to accountability: CJI

TNN | Apr 17, 2011, 12.49am IST

DELHI: Chief Justice of India S H Kapadia on Friday refused to buy the argument that either direct election or provision for their recall would fasten accountability to the judges. What he favoured was drawing up a set of core judicial values and the judges strictly adhering to it.

Delivering the fifth M C Setalvad lecture organised in memory of India's first Attorney General and doyen of the Bar, Justice Kapadia said: "While not recommending the regular election of judges or their recall by popular vote, I would venture to suggest that judges, unlike legislators, ministers or public servants, should be accountable to the jurisdiction they serve through their absolute adherence to a set core of judicial values."

How to fasten accountability on judges without compromising the judicial independence remained a challenge, the CJI conceded. "How does one achieve the right balance between autonomy in decision making and independence from external forces on the one hand and accountability to the community on the other hand," he asked.

He said the judges must not forget that they did not have the competence to make policy choices and run administration and that public interest litigation should not be used as a tool to issue directions, except on issues relating to citizens' right to life and that too only when the other two branches -- legislature and executive -- have left a void.

The CJI said judges were not averse to fair criticism of their judgments. "But, what I am concerned with is response to criticism, particularly criticism that is illegitimate and irresponsible," he said.

"In the context of such illegitimate and irresponsible criticism, it must be borne in mind that love for justice is rare -- what most people desire is justice which favours them," he said.