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What are the weaknesses in existing framework of executive judicial accountability in India? give one example each. suggest reforms?
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What are the weaknesses in existing framework of executive judicial ac...
Weaknesses in Executive Judicial Accountability in India
The framework of executive judicial accountability in India faces several challenges that undermine its effectiveness.
1. Lack of Transparency
- The appointment and transfer of judges often occur behind closed doors, leading to perceptions of favoritism and lack of meritocracy.
- Example: The Supreme Court's decision in the NJAC (National Judicial Appointments Commission) case highlighted the tension between judicial independence and the need for accountability, revealing inadequacies in transparency in judicial appointments.
2. Limited Oversight Mechanisms
- Existing mechanisms for accountability, like the Conduct Rules for judges, are either ineffective or rarely enforced.
- Example: The impeachment process for judges is cumbersome and rarely invoked, making it difficult to hold errant judges accountable.
3. Insufficient Public Engagement
- The judiciary operates largely in isolation from public scrutiny, which can erode trust.
- Example: Public dissatisfaction often arises from high-profile cases where judicial decisions seem disconnected from societal values, but avenues for public feedback are limited.
Suggested Reforms
1. Enhance Transparency
- Introduce a transparent selection process for judges involving public consultations and criteria based on merit.
- Implement regular disclosures of judges’ financial assets and performance metrics.
2. Strengthen Oversight Mechanisms
- Streamline the impeachment process to make it more accessible and transparent.
- Establish an independent judicial oversight body to review complaints against judges, ensuring timely and fair investigations.
3. Foster Public Engagement
- Create platforms for public discussions on judicial decisions to enhance community involvement.
- Encourage judicial outreach programs to educate citizens about the judicial system, creating a more informed public.
These reforms can significantly improve the accountability framework, restoring faith in the judicial system and enhancing its credibility in India.
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Accountability, or the lack of it, in governance generally, and civil services, in particular, is a major factor underlying the deficiencies in governance and public administration. Designing an effective framework for accountability has been a key element of the reform agenda. A fundamental issue is whether civil services should be accountable to the political executive of the day or to society at large. In other words, how should internal and external accountability be reconciled? Internal accountability is sought to be achieved by internal performance monitoring, official supervision by bodies like the —Central-Vigilance Commission-andComptroller and Auditor—General, and judicial review of executive decisions. Articles 311 and 312 of the Indian Constitution provide job security and safeguards to the civil services, especially the All India Services. The framers of the Constitution had envisaged that provision of these safeguards would result in a civil service that is not totally subservient to the political executive but will have the strength to function in larger public interest. The need to balance internal and external accountability is thus built into the Constitution. The issue is where to draw the line. Over the years, the emphasis seems to have tilted in favour of greater internal accountability of the civil services to the political leaders of the day who in turn are expected to be externally accountable to the society at large through the election process. This system for seeking accountability to Society has not worked out, and has led to several adverse consequences for governance.Some special measures can be considered for improving accountability in civil services.Provisions of articles 311 and 312 should be reviewed and laws and regulations framed to ensure external accountability of civil services. The proposed Civil Services Bill seeks to address some of these requirements. The respective roles of professional civil services and the political executive should he defined so that professional managerial functions and management of civil services are depoliticized. For this purpose, effective statutory civil service boards should be created at the centre and in the states. Decentralization and devolution of authority to bring government and decision making closer to the people also helps to enhance accountability.Q. Which one of the following is the essential message implied by this passage?

Accountability, or the lack of it, in governance generally, and civil services, in particular, is a major factor underlying the deficiencies in governance and public administration. Designing an effective framework for accountability has been a key element of the reform agenda. A fundamental issue is whether civil services should be accountable to the political executive of the day or to society at large. In other words, how should internal and external accountability be reconciled? Internal accountability is sought to be achieved by internal performance monitoring, official supervision by bodies like the —Central-Vigilance Commission-andComptroller and Auditor—General, and judicial review of executive decisions. Articles 311 and 312 of the Indian Constitution provide job security and safeguards to the civil services, especially the All India Services. The framers of the Constitution had envisaged that provision of these safeguards would result in a civil service that is not totally subservient to the political executive but will have the strength to function in larger public interest. The need to balance internal and external accountability is thus built into the Constitution. The issue is where to draw the line. Over the years, the emphasis seems to have tilted in favour of greater internal accountability of the civil services to the political leaders of the day who in turn are expected to be externally accountable to the society at large through the election process. This system for seeking accountability to Society has not worked out, and has led to several adverse consequences for governance.Some special measures can be considered for improving accountability in civil services.Provisions of articles 311 and 312 should be reviewed and laws and regulations framed to ensure external accountability of civil services. The proposed Civil Services Bill seeks to address some of these requirements. The respective roles of professional civil services and the political executive should he defined so that professional managerial functions and management of civil services are depoliticized. For this purpose, effective statutory civil service boards should be created at the centre and in the states. Decentralization and devolution of authority to bring government and decision making closer to the people also helps to enhance accountability.Q. With reference to the passage, the following assumptions have been made : 1. Political executive is an obstacle to the accountability of the civil services to the society 2. In the present framework of Indian polity, the political executive is no longer accountable to the society Which of these assumptions is/are valid?

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What are the weaknesses in existing framework of executive judicial accountability in India? give one example each. suggest reforms?
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