EDITORIALS & ARTICLES

Constitutionally guaranteed judicial independence

The concept of an independent judiciary is a fundamental pillar of democracy. It allows courts and judges to execute their responsibilities free from external influences. This principle plays a pivotal role in preserving the rule of law. It also safeguards the rights and freedom of individuals. This is essential for preserving the essence of democracy within a nation.

Judicial Independence

  • Security of Tenure: Judges hold office until the age of 65 for Supreme Court judges (Art. 124(2)) and 62 for High Court judges (Art. 217(1)).
  • Removal of Judges: Supreme Court and High Court Judges can only be removed by a process of impeachment for proven misbehavior or incapacity as given under Article 124(4).
  • Salaries and Allowances of Judges: Judges enjoy independence as their salaries, allowances, and pensions are charged on the Consolidated Fund of India.
  • Powers and Jurisdiction of Supreme Court: Parliament may expand the powers and jurisdiction of the Supreme Court, but cannot diminish them.
  • Power to Punish for Contempt: Article 129 empowers the Supreme Court to punish for contempt of itself, while Art. 215 grants every High Court the same power for contempt of itself.
  • Separation of the Judiciary from the Executive: Article 50 mandates that the state must take measures to separate the judiciary from the executive in public services of the state.

A Prerequisite of Democracy

  • Checks and Balances: The Independent Judiciary plays a vital role in ensuring that the executive and legislative branches of the government do not violate the Constitution or encroach upon the rights of the people.
    • For instance, in the case of Kesavananda Bharati vs State of Kerala, the Supreme Court held that the Parliament cannot amend the basic structure of the Constitution.
  • Protection of Rights: The Independent Judiciary has been a staunch defender of the fundamental rights and freedoms guaranteed by the Constitution to all citizens. The Court has expanded the scope of these rights through various landmark judgements, such as Indira Sawhney vs Union of India, which upheld the reservation policy for backward classes and Navtej Singh Johar vs Union of India, which decriminalized homosexuality and recognized the right to sexual orientation as a part of the right to privacy.
  • Fair and Impartial Justice: The Independent Judiciary strives to deliver justice without fear or favor, regardless of the status or identity of the parties involved. The Court has demonstrated its commitment to fair and impartial justice by taking up cases suo motu, entertaining public interest litigation (Hussainara Khatoon vs. State of Bihar), and appointing amicus curiae (friends of the court) to assist it in complex matters.
  • Conflict Resolution: In a democratic society, disputes and conflicts are inevitable. An independent judiciary provides a peaceful and lawful means to resolve conflicts, reducing the likelihood of social unrest and chaos.
    • The Court has also exercised its extraordinary powers provided by the Constitution under Article 142 to pass any order necessary for doing complete justice in any case or matter pending before it.
      • Some examples of conflict resolution by the Supreme Court are S.R. Bommai vs Union of India, which laid down guidelines for imposition of President’s rule in states; and Ayodhya Judgement, which settled a long-standing dispute over a religious site.
  • Protection of Minority Rights: Democracy is not just about majority rule; it also entails protecting the rights of minorities. An independent judiciary can safeguard minority rights by preventing the majority from oppressing or discriminating against minority groups.
    • The Court has also intervened to protect minorities from discrimination, violence, or persecution, such as in Mohd. Ahmed Khan vs Shah Bano Begum, which granted maintenance to a Muslim woman divorced by her husband; and John Vallamattom vs Union of India, which struck down a discriminatory provision in the Indian Succession Act applicable to Christians.
  • Ensuring Accountability and Good Governance: Constitutionally guaranteed security of tenure imparts judicial independence that acts as a check on the executive and legislature. Independent judiciary confidently promotes good governance, without fear or fervour, by ensuring that government actions align with constitutional principles.
  • Interpretation of the Constitution: An independent judiciary is essential to serve as the final authority in constitutional matters, ensuring that the Constitution is upheld as the supreme law of the land.
    • For example, in Kesavananda Bharati vs. State of Kerala case, the Supreme Court established the basic structure doctrine, interpreting the impervious aspects of constitution
  • Upholding the Rule of Law: Judicial independence ensures that all actions, including those of the government, are bound by legal principles and the Constitution. This prevents arbitrary exercises of power.
    • In Nandini Sundar and Others Vs. State of Chattisgarh, Hon''ble Supreme Court has iterated the majesty of rule of law in upholding democracy.
  • Safeguarding Individual Rights and Liberties: Only an impartial and independent judiciary can ensure that citizens receive equal justice and are shielded from potential abuses by the government.
    • For instance, in KS Puttaswamy Judgement, the judiciary has delivered landmark judgment strengthening the protection of fundamental rights like Right to privacy. 
  • Prevention of Autocracy and Authoritarianism: Judicial independence acts as a safeguard against the concentration of power, preventing the executive from dominating all branches of government.
    • For instance, in Minerva Mills case (1980), Supreme Court adjudged the limited power of Parliament to amend the constitution
  • Ensuring Checks and Balances: To ensure that no branch oversteps its constitutional authority, the judiciary has the power of judicial review over the actions of the executive and the legislature. The judiciary can strike down any law if it is unconstitutional or arbitrary as per Article 13 (if it violates Fundamental Rights).

The independence of the judiciary, a fundamental pillar of the Indian Constitution, was affirmed in S.P. Gupta v. Union of India. The court emphasized that this principle is not only significant but also integral to the constitutional framework, forming the bedrock of India''s democratic system. Entrusted with the crucial role of ensuring all state organs adhere to legal boundaries, the judiciary vitalizes the essence of the rule of law in the nation.







POSTED ON 12-06-2024 BY ADMIN
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