The independence of the judiciary is a cornerstone of Indian constitutional law, ensuring that the judiciary functions free from external pressures and influences. Judicial independence focus primarily on Judges deciding cases without any external pressure or influence from the executive. This principle is vital for upholding the rule of law and protecting individual rights within a democratic framework. Independence of Judiciary is basic feature of constitution.
Constitutional Provisions Relating to Judicial Independence
Several articles in the Indian Constitution specifically address the independence of the judiciary:
1) Article 124: Establishes the Supreme Court and provides for the appointment of its judges by the President, based on recommendations from a collegium system, which helps insulate judicial appointments from political influence.
2. Article 217: Governs the appointment of High Court judges, ensuring similar protections against external pressures.
3.Article 50: Directs the State to take steps to separate the judiciary from the executive in order to maintain judicial independence.
4. Articles 129 and 215: Empower the Supreme Court and High Courts, respectively, to punish for contempt of court, thereby safeguarding their authority and independence.
5.Articles 32 and 226: Provide individuals with the right to approach the Supreme Court and High Courts for enforcement of fundamental rights, reinforcing judicial power over legislative and executive actions.
6. Power of Judicial review- interpreting provisions of Constitution- It Judiciary is not independent, the other organ of government may pressurize the judiciary to interpret the provisions of constitution according to them.
7. Prohibition on practice after retirement:
Article 124(7) prohibits a retired judge of Supreme Court to appear and plead in any court or before any authority within the territory of India.
8. Parliament can extend, but can not curtail the jurisdiction and power of Supreme Court.
9. As per article 121 of constitution there can not be any discussion in legislature on the conduct of Judges
10. Security of Tenure
Judges enjoy security in their positions, making it difficult to remove them without due process. This is crucial for maintaining their independence. The process for removal is outlined in Articles 124(4) and 217(1), which require a two-thirds majority in both Houses of Parliament for impeachment.
Financial Independence
The judiciary has been granted financial autonomy to manage its budgetary requirements independently, further reducing potential external influences. Salary of Judges is fixed and not subject to vote of legislature.
Types of Judicial Independence
Judicial independence can be categorized into:
1. Institutional Independence: This refers to the judiciary's ability to function without interference from other branches of government. It includes control over its own appointments, transfers, and administrative functions.
2. Decisional Independence: This ensures that judges can make rulings based solely on legal principles and facts, without succumbing to external pressures or public opinion.
Importance of Judicial Independence
The independence of the judiciary is essential for:
- Upholding Democracy: An independent judiciary acts as a check on legislative and executive powers, ensuring that all state organs adhere to legal boundaries.
- Protecting Rights: It safeguards individual rights against arbitrary actions by the state.
- Maintaining Rule of Law: An impartial judiciary is crucial for enforcing laws fairly and consistently.
Challenges
Despite constitutional safeguards, challenges such as political pressure, public scrutiny, and attempts at judicial overreach can threaten judicial independence. Recent Supreme Court rulings have illustrated its role in countering governmental overreach while reinforcing its commitment to constitutional principles.
Under Indian Constitution Judiciary is independent. Judges are not accountable and answerable, as the political executive is to the legislature and the elected representatives are to the electorate.
This independence ensures that the judges perform the constitutional function and exercise the power of judicial review in a fair and even-handed manner, without pressure and favours.
Features
Impartiality, independence, fairness and reasonableness in decision-making are the hallmarks of the judiciary.
If “impartiality” is the soul of the judiciary, “independence” is the lifeblood of the judiciary.
Without independence, impartiality cannot thrive.
What is meaning of Independence of judiciary.
Independence is not the freedom for Judges to do what they like.
1. It is the freedom from interference and pressures.
2, An atmosphere, where the judges can work with absolute commitment to the cause of justice and constitutional values.
3. It is the independence of judicial thought. (decisional independence )
4. Freedom from influences and pressures within (from others in the judiciary) and without influences and pressures (from the executive). functional independence
5. It is security in tenure of a Judge.
6. Freedom from ordinary monetary worries.
Two concepts......
“decisional independence of an “individual Judge”.
functional independence of judiciary as an institution
The independence of an “individual Judge”- “decisional independence.”---
Independence of the judiciary as an institution i.e. the functional independence.
Independence of judiciary is dependent on freedom of each and every individual judge to function in office without political pressure, social compulsions, and inherent bias.
Individual independence ( decisional independence) of a judge.
Depend on various factors which include
1. Security of tenure,
2. Terms and conditions of service like salary, allowances, etc. which should be fair and just and protected (not varied to his/her disadvantage) after appointment.
Independence of the institution --- functional independence,
It refers to sufficient degree of separation from other branches of the Government.
A. -Method of Appointment/selection and qualifications prescribed.
B. Protection from interference from the Executive pressure, fearlessness from other power centers .
Constitution guarantees to safeguard the independence of judiciary, in following way.
1. Appointments.
The independence of the judiciary starts with the appointment of the judges in the Courts.
Appointment of the Supreme Court judges. |
Appointment of judges in the High Courts |
Article 124 to Article 147 |
Article 214 to Article 231 |
A. The process of appointment of judges of the Supreme Court and the High Courts is an integrated ‘participatory consultative process’ for selecting the best and most suitable persons available for appointment.
B. The judicial collegium is responsible for Appointments.
C. The Executive has a participatory role----notwithstanding the recommendation of the CJI --in the area of antecedents and personal character and conduct of the candidate,
in case of doubtful antecedents etc. the Executive can express for non-appointment.
However, ultimately the opinion of the judicial collegium, if unanimous bind the executive to make the appointment.
2. Security of Tenure:
Judges of Supreme Court and High Courts cannot be removed other than by presidential order and even only on the basis of proven misbehaviour and incapacity.
3. Removal
1. Removal of a judge of a High Court or the Supreme Court can be made in the extreme case of proved misbehavior or incapacity .
4. Impeachment ( difficult nature of the procedure)
A majority of all members of each House of Parliament, as well as a majority of at least two-thirds of the members who are present and voting, are required in order to approve a resolution to that effect.
5. Power of contempt.
Authority to impose punishment for contempt .
6. The conduct of a judge is not discussed in the state legislature or Parliament:
Article 121, no discussion of the behaviour of the Supreme Court or a high court judge in the performance of his duties may take place in Parliament until a resolution is presented by the President requesting the judge’s dismissal.
Under Article 211, no debate over the behaviour of any Supreme Court or high court judge in the course of his duties shall take place in the State legislature.
7 Separation of judiciary from executive.
Article 50 of the Constitution of India provides that the State shall take steps to separate the judiciary from the executive in the public services of the State.
The concept of separation of judiciary from executive cannot be confined only to the subordinate judiciary.
. Article 235 vest the control over the subordinate judiciary in the respective High Court for enforcing judicial accountability by preserving the independence of the judiciary.
Citations
1. Union of India v. Sankalchand Himatlal Sheth & Anr. (1977)
The independence of the judiciary is a fighting faith of our Constitution.
2. S.P Gupta v Union of India (1982)
Held that the judges should be fearless and should uphold the principle of rule of law. This is the basis of the concept of independence of the judiciary.
3. Supreme Court Advocates-on-Record Association & Anr. Vs Union of India (1993),
Observed that the independence of the judiciary is necessary for democracy to function effectively. The powers and rights can never be hampered as long as the judiciary remains independent from the executive and the legislature.
Post-retirement Behaviour
Instances of post-retirement activity of judges of Supreme Court (including the CJI) are attracting public disapproval.
In conclusion, the independence of the judiciary is not merely a legal concept but a vital element that sustains democracy in India. Through various constitutional provisions and safeguards, it ensures that justice is administered fairly and impartially. The Indian Constitution give importance to immunize the judiciary from any form of executive control or interference.
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