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Independent Judiciary of India

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  • Last Updated : 03 Jun, 2022

In a society, people coexist with each other. Every society strives for a harmonious existence. But with coexistence comes disparities in thought, action, and word. There should be some guidelines on what is right and wrong. What is right to one can seem wrong to others and vice versa. So there should be some ground where the rights and wrongs are collectively accepted. To overcome the disturbances and to ensure a conflict-less society, A system or an institution that can set these rules and make people abide by them is necessary. 

Judiciary

The system which ensures that disputes are resolved by abiding by the law, decisions are made to prevail justice and to see that no citizens are deprived of/her rights in the modern age are called the judiciary. In the ancient and medieval periods, this system existed but it was in the hands of one or two people. That means the king or ruler with his minister decided the justice and gave judgment according to their will. The political, military, and judiciary were all under single control. In such a system, the effect of the political and personal factors had a lot of impact on the justice and the judgments made. There is a high chance of parity prevailing in those systems. There can be a favorable to one class, caste, or religion and not to others. 

Judiciary without separation of power

If such circumstances exist today what would be the outcome. The political sector is the most powerful sector in modern times. They are the representatives of the people and thus come to their power. This power is of course needed for the running of the government, making policies, and ensuring the well-being of the people. But there are high chances that this power may be misused for personal reasons. There can be cases where the laws and rules as they like to favor themselves. The judges can be threatened to be suspended or bribed for favorable judgments. The same crime done by a political entity or a person who has their support will not be punished the same as the crime done by a common man. That indicates there will be no equal justice, which leads to no equality. With No equality, the concept of democracy which stands by it collapses. 

Independent judiciary

What can be the solution that can avoid the partiality and favoritism injustice and maintain equality thereby sustaining democracy? The answer is Independent Judiciary. What is an independent judiciary and what is it independent from? 

In an independent judiciary, there is a separation of power. There will be no interference of the legislature or the executive in the matter of the judiciary. It is crucial that each judge can conclude cases exclusively on the proof introduced in court by the gatherings and as per the law.  The Judiciary is under the government but it doesn’t work for the government. In the eyes of the judiciary, all are equal and the main objective is to protect the constitution by making sure that every part of it is properly followed by the rule of law. 

The Independent Judiciary permits the court to assume a focal part in getting that there is no abuse of the abilities of the executive and the Legislature. It additionally safeguards the principal privileges of the citizens since anybody can move toward the court if they think that their freedoms and rights have been abused. 

The Independent judiciary not only delivers equal justice to everyone but also creates a positive feeling of equality among the people. It gains the confidence of the judiciary that the judgments given are not biased and that one can rely on the judicial system without any fear.

The Independent judiciary often gives the power of judicial review. Judicial review is the power of the judiciary to review and examine the actions of the legislative and the executive whether they are not in term or against the constitution. if they are found so they can be declared void by the judiciary.

The first country to create an independent judiciary in the United States. Many countries now follow an independent judiciary. the world economic forum releases an annual global competitiveness index in which judicial independence is also considered and the countries are ranked accordingly. 

Indian independent judiciary

After attaining independence from the British our leaders and the frame workers of the constitution opted for an independent judiciary that can ensure a stable law in the country.  The independent judiciary which forms the basic structure of the constitution reflects the importance of implementing an independent judiciary in India. This is also reflected in every aspect of the judiciary starting from the process of appointment of the supreme court, high court, and subordinate court judges. Judiciary is a separate organ along with the legislature and the executive. The judges make independent decisions without any political influence or the influence of their superior judges. 

Indian judiciary protects the basic structure of the constitution. It emphasizes the protection of fundamental rights and any citizen whose fundamental right is violated can directly approach the high-count or supreme court for justice. The removal of the judges once appointed is also not easy and it follows a procedure of impeachment.

India’s Independent judiciary makes sure that power is not misused. Even though in the real world we see people of power and wealth trying to alter the justice, the judgments, our judiciary is strictly against it. In other words how much ever powerful or wealthy a person can be he is an equal man in the court of law.

Sample Questions

Question 1: What is the use of the judiciary?

Answer:

Any country or a society can exist with stability only when it has a rule of law. Rule of law keep the people in order and sustains harmony. To make sure the rule of law is effectively implemented an institution is needed. This institution which maintains law and order and ensures justice to the citizens is the judiciary. 

Question 2: What are the effects of having a dependent judiciary?

Answer:

Political sector is the powerful sector in the modern times. They are the representatives of the people and thus come their power. This power is of course needed for the running of the government, making policies and to ensure the well-being of the people. But there are high chances that this power may be misused for personal reasons. There can be cases where the laws and rules as they like to favor themselves. The judges can be at threatened to be suspended or bribed for favorable judgments. The same crime done by a political entity or a person who has their support will not be punished the same as the crime done by a common man. That indicates there will be no equal justice, which leads to no equality. With No equality the concept of democracy which stands by it collapses. 

Question 3: What is an independent judiciary why do we need it?

Answer:

 The solution that can avoid the partial favor of justice and maintain equality thereby sustaining democracy is the  Independent Judiciary.  In an independent judiciary there is a separation of power. There will no interference of the legislature or the executive in the matter of judiciary. The judiciary is under the government but it doesn’t work for the government. In the eyes of judiciary all the equal and the main objective is to protect the constitution by making sure that every part of it properly followed. 

Question 4: How did India make sure that the judges are free from political influence?

Answer:

In India the appointment of judges is made with a very less legislative and executive influence. the judges of the supreme court are appointed byte president with advice of prime minister after seeking advice of the chief justice of India. moreover the senior judges of the supreme court recommends the judges. the whole process have a little influence of legislative and executive but with a fair involvement of the judiciary itself. 

In the decision making and judgments made the judge is not influenced with any political factors. threatening or bribing the judge is unlawful. the judge has the whole freedom to make a decision and give the judgment according to his will following the norms and not violating the constitution. The process of removing a judge is not as easy as suspending. impeachment process is necessary to remove a judge from his office.

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