Author:- Kunal Kumar, student at Soa National Institute of Law
Introduction
In any healthy and thriving democracy, political accountability is a guiding principle which holds the authorities to account for their deeds. Though elections and parliamentary oversight are integral mechanisms of scrutiny, they may not always suffice. That is when the judiciary comes in as a crucial pillar to play the role of an independent and impartial guardian of the Constitution and rule of law. The judiciary, apart from interpreting the law, also holds the executive and legislature in check whenever they cross constitutional limits. In India, judicial review, Public Interest Litigations (PILs), and milestone judgments in politically charged cases serve this purpose. Being the final guarantor of constitutional rule, the judiciary is a sine qua non to maintain the health and integrity of democracy.
What is Political Accountability?
Political accountability entails that political authorities, elected members, and public servants are answerable for their decisions and actions, and are required to justify or explain them to legal authorities and the public. It guarantees that governments rule in accordance with the law and in the best interests of the citizens. If they do not comply, they may be subjected to punishment like removal from office, legal action, or loss of public trust. Political accountability is needed in order to keep a democratic system transparent, trustworthy, and honest.
For example:- Lal Bahadur Shastri quit as Railway Minister in 1956 following a train crash in Tamil Nadu, accepting moral responsibility though not directly responsible for it. His resignation stands as an excellent example of political accountability and integrity in public life.
Separation of Power and Judicial Independence:-
The cornerstone of judicial intervention in political accountability is the doctrine of the separation of powers. This basic principle separates governmental power into three individual branches – the legislative, executive, and judicial – to avoid the concentration of power and protect individual freedom. A free judiciary with no political pressure or influence is an absolute requirement for such a mechanism to work effectively.
Judicial independence enables the judges to interpret and apply the law independently, even if it contradicts the actions of the other branches of government. This political insulation is important so that they can act as an authentic check on possible abuses of power.
Roles of Judiciary in Political Accountability ___
Judicial Review: The Constitutional Guardian.
This is the strongest weapon in the political accountability arsenal of the judiciary.
Courts review laws and executive action for constitutionality and legality.
The judiciary declares the law or executive order null and void if it violates the constitution or goes beyond legal powers.
* Preventing Legislative Overreach:- Avoids capricious/unconstitutional legislation encroaching on fundamental rights or modifying the constitution’s elementary framework. Seals elected representatives within constitutional boundaries, cemented by seminal case law.
*Regulating Executive Discretion:- Revises executive decisions to see that they are lawful, non-arbitrary, not mala fide (bad faith), and conform to natural justice. Prevents excesses of the executive, making governmental acts rational and equitable.
2) Enforcing Basic Rights: Safeguarding the Citizen
The judiciary is the final guarantor of the basic rights of citizens.
Citizens can turn to courts when state action imperils these rights.
The judiciary uses public interest litigation (PIL) and other remedies to force the state to comply with constitutional promises.
Political actors are held accountable for rights violations.
This forward-looking role goes far beyond dispute resolution to actively influencing public policy in the form of rights-based jurisprudence.
Fair and Transparent Governance: The Rule of Law
The judiciary fosters accountability by ensuring the rule of law (all, including those in authority, are equal under the law).
This entails:-
Impartial Adjudication of Disputes:- Provides a forum for citizens to challenge government decisions/actions, ensuring disputes are resolved impartially according to legal principles.
Demanding Reasons and Transparency:- Requires public authorities to provide reasons for decisions, fostering transparency and enabling scrutiny. Holds decision-makers accountable for their rationale.
Fighting Corruption and Malfeasance:- Has a vital role in prosecuting public official corruption and malfeasance. Provides for fair trials and punishment, indicating that no individual is above the law, thereby enhancing political accountability.
Interpreting and Establishing Legal Thresholds: Informing Public Policy
Although not formally making policy, the interpretation of statutes and constitutional provisions by the judiciary heavily influences public policy.
By resolving legal uncertainties and establishing the limits of governmental authority, courts establish certainty and shape future political behavior.
This interpretive process helps ensure the implementation of policy is in agreement with legal precepts and constitutional principles.
How the Judiciary Prevents Political Misuse of Power___
The judiciary serves a significant function in ensuring that politicians do not abuse their authority. It acts as an impartial institution that ensures the political leaders’ actions are lawful and within the confines of the Constitution. This is primarily carried out through judicial review, whereby the courts have the power to invalidate any law or ruling that is unconstitutional or inimical to individuals’ rights.
If politicians act unjustly or unlawfully, citizens are able to file Public Interest Litigations (PILs) or writ petitions under Article 32 or 226, and the courts are able to halt such actions. This serves to hold politicians accountable.
Example 1: Kesavananda Bharati v. State of Kerala (1973)
In this landmark case, the Supreme Court declared that even Parliament cannot alter the fundamental structure of the Constitution. This saved democracy and the rule of law from political leaders’ abuse and prevented them from acquiring unlimited powers.
Example 2: Maneka Gandhi v. Union of India (1978)
The Supreme Court held that the government has to adhere to justice and fairness when making decisions that impact the people’s right to liberty and life. This prevented politicians from making arbitrary decisions against citizens.
In a nutshell, the judiciary keeps politicians in check, adhering to the Constitution and not abusing their power for political or personal gains.
Advantages of Judicial Interference in the Political Activities ______
Guarding Constitutional Principles:-
Judicial intervention prevents political actions that contravene the Constitution. This safeguards democracy, basic rights, and the rule of law.
Checks and Balances:-
The judiciary serves as a check on wanton or illegal behavior by the executive or the legislature to prevent abuse of power.
Enforcing People’s Rights:-
Through mechanisms such as Public Interest Litigations (PILs), the judiciary empowers citizens to challenge unfair government policies and actions.
Fosters Transparency and Reasoned Governance:-
Courts tend to expect political authorities to provide proper reasoning and justification, a factor that ensures transparency in decision-making.
Combatting Corruption and Abuse of Office:-
Judiciary helps in ensuring politicians and public officials are held accountable for corrupt acts or abuses of office.
Disadvantages of Judicial Interference in the Political Activities ______
Judicial Overreach:-
At times, the judiciary can overstep its bounds and intrude into areas reserved for the legislature or the executive, upsetting the balance of power.
Governance Delay:-
Judicial overreach may cause undue delays in putting policies and development projects into action, taking a toll on administrative efficiency.
Weakening Elected Representatives:-
If courts consistently override political choices, it can dilute the authority of democratically elected representatives.
Policy Paralysis:-
Fear of being scrutinized by the judiciary can deter politicians and bureaucrats from taking innovative or unpopular decisions, resulting in indecision or policy gridlock.
Perception of Bias or Activism:-
If courts are perceived to be politically biased or over-active in politics, public faith in judicial neutrality could be undermined.
So, these are advantages and disadvantages of the judicial interference in the political activities.
CONCLUSION
Political accountability entails that politicians have to behave responsibly and account for their actions. In a democracy, this is provided by the separation of powers, wherein the legislature, executive, and judiciary are each responsible for their own domains. The judiciary, which is separate from the others, plays a key role in ensuring political accountability by preventing abuse of power and safeguarding citizens’ rights. It accomplishes this by judicial review, PILs, and by making sure that actions and legislation comply with the Constitution. Judicial interference is advantageous in numerous ways, such as upholding justice, openness, and preventing corruption. However, it also has negative aspects, such as hindering the process of governance or overreaching its boundaries. Thus, the judiciary should act cautiously so as to maintain an appropriate balance while protecting democracy.
FAQS
What is Political Accountability?
It refers to politicians should be accountable for what they do and can be questioned by the people or courts.
What is Separation of Power and Judicial Independence?
Separation of power separates the work of government into three divisions—legislature, executive, and judiciary. Judicial independence refers to courts functioning independently without any pressure.
What are the roles of the Judiciary in Political Accountability?
The judiciary halts abuse of authority, safeguards rights, balances laws, and enforces justice in government action.
What are the benefits of judicial intervention in political affairs?
It checks corruption, safeguards individuals’ rights, and holds leaders to account.
What are the drawbacks of judicial intervention in political affairs?
It can retard government activity and at times overstep its bounds into political issues.
