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.
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.
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