“4th CLS Certificate Course on Judicial Accountability: Structure, Reforms and Challenges – 18th and 19th Feb 2023”
22 Feb 2023
Platform: Video Conferencing (Google Meet)
Venue: Conference Hall, 2nd Floor, Administrative Block, NLUO
The Constitutional Law Society of National Law University Odisha successfully organized the 4th edition of its Certificate Course on the topic of ‘Judicial Accountability: Structure, Reforms and Challenges’. The Course, which was held in Hybrid mode comprised lectures which were delivered physically and virtually. The Course Instructors for the Course were Dr. Justice M.M. Das, former Judge of the Orissa High Court, Dr. Rangaswamy D, Assistant Professor of Law at the Karnataka State Law University, and Ms. Ayushi Upadhyay, Civil Judge, Sagar, Madhya Pradesh.
We are proud to note that for the first time since the inception of its Annual Course, the 4th CLS Course witnessed the participation of about 170 students from over 24 different law schools.
The Course commenced with its first session on the 18th of February. The first two sessions of the Course were instructed by Ms. Ayushi Upadhyay on the theme of ‘Cracking the Lower Judicial Services: Practical Insights‘. During the course of the first two sessions, Ms. Upadhyay reflected on her journey through law school and how she accidentally came about being a judge. Ms. Upadhyay talked about how she never pursued a preparatory approach towards the judicial services because she never imagined herself in the role. However, once she decided to pursue the same, she never looked back. She underscored that it is critical for persons preparing for the judicial services to grasp and understand the practical underpinnings of procedural law apart from possessing a firm grip on the substantive nuances of the law.
Continuing into the 2nd session for the day, Ms. Upadhyay gracefully welcomed queries from the participants who were eager to learn about the everyday experiences of a Civil Judge. While sharing her experience, she attempted to shatter the myth that the lives of judges are drenched in case files, encompass long hours and is endlessly boring. In her experience, life in any profession is defined by the personal approach one takes towards their job and role, and not by the mere nature of the profession.
The final session for the first day of the Course was instructed by Dr. Rangaswamy D on the theme of ‘Judicial Accountability: From the Perspective of The Indian Constitution‘. In his lecture, Dr. Rangaswamy discussed the concept of Judicial Independence and Accountability, highlighting the interdependence of the triumvirate of the judiciary, executive, and legislature. He distinguished three standpoints to define accountability: responsibility, accountability in respect of position or person, and evaluative accountability. He also discussed the mechanism of Judicial Accountability, which includes the role of institutions such as Judicial Councils, Parliamentary Procedures, Anti-Corruption Bodies, and Civil Society Monitoring and Reporting Bodies. He emphasized the importance of high morals and character in judges, who have a vital role in the administration of justice.
Dr. Rangaswamy also discussed the concept of ‘Behavioural Accountability’ in the judiciary, which includes five clauses: resignation, good behaviour, oath, post-retirement jobs of judges, and the Judges (Accountability) Act, of 1968. He also introduced the Judicial Standard and Accountability Bill, which defines essential terms like ‘incapacity’ and ‘misbehaviour’, and contemplates around 19 judicial standards. Overall, the lecture provided deep insights into the subject matter, and Dr. Rangaswamy urged the viewers to maintain high ethical and moral standards when and should they become judges.
After the successful completion of its first day, the Course kicked off its 2nd Day with the 4th and 5th sessions being instructed by Ms. Ayushi Upadhyay on the theme of ‘Judgement Writing, Practical Tips for Judicial Practice‘. In these sessions, she guided participants on effective judgment writing and provided practical tips for judicial practice. She discussed that Supreme Court and High Court judges do not have any express or fixed criteria or format for writing judgments, and lower courts follow the rules of their respective HCs for judgment writing.
Ms. Upadhyay explained the general format of judgment writing for both criminal and civil cases. She also answered questions related to the legal system, including whether the law goes above morality and whether judgments need to explicitly mention the instances of mens rea and actus reus. She mentioned that judges can take sua sponte action, and when judgments have to record a plethora of information, the judge only has to pick and choose the relevant facts.
The Course concluded with its final session being instructed by Dr. Justice M.M. Das who conducted his session on the topic of ‘Judicial Appointments, Functioning of the Collegium System, the Role of political will, and Contemporary Challenges‘. Justice Das commenced his lecture by briefly tracing the history of development in the sphere of judicial appointments in post-independence India. Justice Das highlighted how the concept of the collegium system is absent from the original Constitution and does not have any statutory basis. He explained that the system traces its origin to the landmark 1981 case of S.P. Gupta v. President of India also popularly known as the First judges’ Case. He also discussed how the interpretation of Article 124(2) has witnessed critical observations from members of the judiciary as well as the executive, over the years.
Justice Das also examined the legislature’s attempt to have a say in judicial appointments through the introduction of the National Judicial Appointment Commission (NJAC) comprising members of the legislatures, judiciary, and other ejusdem generis persons. However, the enactment of the NJAC was short-lived, as the same was struck down by the Apex Court in a case comprising a motley of challenges spearheaded by the Supreme Court Advocates-on-Record Association. Justice Das also extended his personal views on the topic and observed that certain international jurisdictions have introduced an active role of the legislature or executive in the appointment of judges, and this has helped in strengthening the institution of democracy. Justice Das concluded the session by acknowledging that such a change can undoubtedly be marked in India as well, but only through the rule of law and within the bounds of the Indian Constitution. The lecture concluded with the participants exchanging their questions, concerns, thoughts and views with Justice Das.
With this, the Course drew to a successful conclusion.
