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Topic: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests
3) Critically analyse whether the process of removal of judges in India needs to be revised? Also highlight the key short-comings Of Judicial Standards and Accountability bill, 2010. (250 Words)
Why this question?
Judicial reforms are an important topic and part of the GS-2 mains syllabus under the heading-separation of powers between various organs, dispute redressal mechanisms and institutions. It has often been in news and recently an impeachment process has been initiated against the incumbent CJI.
Key demand of the question
The question demands an analysis of the provisions regarding removal of judges, and thereof draw a conclusion, around the need for revision for these provisions. In the second part, the question simply demands that why Judicial Standards and Accountability bill, 2010 in its present form will not be successful in instating judicial accountability.
Critically analyse –
In one part, discuss in the light of various constitutional provisions, how impeachment of judges is susceptible to political bias and hence the process should be reviewed or not. You should provide your conclusion and justify them in the light of constitutional provisions.
Highlight- enlist key shortcomings of judicial standards and accountability bill, 2010.
Structure of the answer
In the introduction, write 2 to 3 lines on importance of judicial independence along with need for judicial accountability.
Divide the body of the answer into two parts.
Divide the first part of the answer into two subparts and, in one subpart analyse the constitutional provisions aiming to ensure judicial independence, and in another subpart analyse the provisions related to their removal.
In conclusion, mention the need to place an in-house as well as a legislative mechanism (also quote some examples), to maintain judicial accountability, without corroding judicial independence.