Independence Sans Accountability: A Case for Right to Information Against the Indian Judiciary
Date
2014
Authors
Routh, Supriya
Journal Title
Journal ISSN
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Publisher
Washington University Global Studies Law Review
Abstract
The Indian Supreme Court may be standing at a historic juncture
where it could throw open the doors to the public to question its
accountability by disclosing information pertaining to the assets and
interests of the judges of the higher judiciary. The Supreme Court,
however, seems reluctant to bring the higher judiciary under the purview
of the Right to Information Act. A tussle has already emerged between the
Delhi High Court and the Supreme Court, with the former seeking to bring
the higher judiciary under the information law and justifying the need for
disclosure of assets of the judges of the Supreme Court and the High
Courts. The Supreme Court has been resisting the disclosure of such
information on grounds of independence, confidentiality, and possible
breach of fiduciary duty.
In this Article, I chart the recent tussle and discuss the present law
regarding the Right to Information in the country, specifically the
exemptions to the general rule of disclosure, and examine the Supreme
Court’s position. I analyze whether disclosure of assets and other interests
of judges of the higher judiciary adversely affects the independence of the
judiciary. I argue that in order to maintain the people’s faith in the
judiciary and to promote democratically grounded judicial independence,
it is imperative for the higher judiciary to adopt transparency in its
functioning and salvage its reputation before the people’s confidence in it
withers away forever.
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Citation
Routh, S. (2014). Independence sans accountability: case for right to information against the indian judiciary. Washington University Global Studies Law Review, 13(2), 321-352.