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2007 Assessment

India: Integrity Indicators Scorecard

India: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	67
34	Can members of the judiciary be held accountable for their actions?	13
35	Are there regulations governing conflicts of interest for the national-level judiciary?	25
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments: The constitution mandates an elaborate procedure that ensures fairness.

References: Article 124 of the constitution

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments: The critieria for the selection of national level judges is extremely rigorous.

References: Articles 124(3) and 217(2)of the constitution.

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments: There is no confirmation process in India.

References: Article 124

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: They are not obligated to give reasons. However, often the judgment reflects the grounds on which the judge has made a particular decision.

References: Supreme Court Judgments and Web site: www.nic.in

Peer Review Comments: Any judgment by its very nature is expected to contain the reasons for the ruling. In that sense, the judges are obliged to give reasons for their decisions. It is implied in the very process of adjudication.

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments: The reasons are often reflected in the judgment.

References: All supreme Court judgments

Peer Review Comments: Increasingly, many judges are departing from the established norm of setting out the reasons for the nature of their judgments. Of late, this has been causing much confusion in India's law and society.

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: There has been a proposal to create a National Judicial Commission. The recommendation of the National Commission to review the working of the constitution on this issue is pending. There are many who believe that this step is important to ensure the accountability of the judiciary.

References: Article 124 provides for the method of appointment of judges, tenure and procedure for their removal

Peer Review Comments: The judges in India are a law unto themselves. Of late, there has been mounting pressure on the state to set norms for their behavior and make them accountable.

Peer Review Comments: There is a provision that allows the Legislature to impeach a judge of the higher judiciary.

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments:

References: This is not applicable.

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments:

References: This is not applicable.

Peer Review Comments: There is a provision, though it is frustrated, to initiate the impeachment of a judge. Iimpeachment happened once in the case of Justice Ramasamy. However, the judge went scot-free after a large part of the ruling political establishment decided to shield him.

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments:

References: This is not applicable.

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments: They are not required to file an asset disclosure form. Many have argued that the members of the national judiciary should voluntarily take this step, but the same this has been consistently opposed.

References: Article 124

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments: There are conduct rules which the members of the national judiciary follow.

References: Rules of Procedure in the Supreme Court

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments: There is no requirement for asset disclosure.

References: www.nic.in

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments: The only mandate is that a retired Supreme Court judge cannot practice as a lawyer in the Supreme Court or any of the lower courts.

References: www.supremecourtofindia.com

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments: This is not applicable.

References: www.supremecourtofindia.com

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments: There are reports of cases of judges accepting gifts and hospitality that does not strictly conform to the norms laid down by the conduct rules. However, the objectivity with which this assessment can be done is severely limited.

References: www.hrsolidarity.net/mainfile.php/2007vol17no05/2576/?print=yes; www.educationworldonline.net/eduworld/article.phpchoice=prev_art&article_id=988&issueid=59

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: There are no mandatory asset disclosure requirements.

References: Rules and regulations relating to the Supreme Court judges

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments: There is no requirement for mandatory submission of records of assets.

References: Rules of Conduct from Supreme Court judges

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments: There is no requirement for mandatory submission of records of assets.

References: Supreme Court Judges Rules and Regulations

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: There is no mandatory requirement for submission of records of assets.

References: Supreme Court Judges Rules of Code of Conduct