Executive Accountability at Personal Level in India: In light of Insufficiency and Ineffectiveness of Compensatory Jurisprudence
  • Author(s): Kartikey Bajpai
  • Paper ID: 1703950
  • Page: 162-169
  • Published Date: 23-12-2022
  • Published In: Iconic Research And Engineering Journals
  • Publisher: IRE Journals
  • e-ISSN: 2456-8880
  • Volume/Issue: Volume 6 Issue 6 December-2022
Abstract

Fundamental Rights are the most precious rights we as Indian have and even though such rights are not absolute and are capable of being taken away under certain circumstances, they are only allowed to be taken away as such at a high threshold. The branch of executives responsible for arresting and investigating are the police officials. It is expected of them to exercise extreme due care while taking away people’s fundamental rights when the law demands such detention. Still, we have a lot of cases at our disposal that reflect absence of such due care resulting in gross violations of fundamental rights of people by way of unlawful detention, custodial torture, harassment, wrongful prosecution etc. The law tries to remedy such violations by providing monetary compensation and even that is not a statutory obligation on state. Only this remedy is insulting, ineffective and insufficient in preventing such instances. The need of the hour is fixing accountability at a personal level of those executive investigating and arresting officials who fail either negligently, carelessly or willingly cause such miscarriage of justice in form of fines, imprisonment, loss of office.

Keywords

Compensation, Fundamental rights, Personal Accountability, Police, Violation

Citations

IRE Journals:
Kartikey Bajpai "Executive Accountability at Personal Level in India: In light of Insufficiency and Ineffectiveness of Compensatory Jurisprudence" Iconic Research And Engineering Journals Volume 6 Issue 6 2022 Page 162-169

IEEE:
Kartikey Bajpai "Executive Accountability at Personal Level in India: In light of Insufficiency and Ineffectiveness of Compensatory Jurisprudence" Iconic Research And Engineering Journals, 6(6)