Why independent judiciary is necessary to carry out this important function?
To provide justice and enforce laws in the country, it is important to have an independent judiciary. An independent judiciary simply means a kind of judicial system which is free from any type of external or internal influence. Only an independent judiciary can act freely in accordance with the constitutional laws and uphold justice and equality for the people of the country.
The meaning of independence for the judiciary is the ‘freedom to act, which means it is free to act in accordance with laws and is not influenced by other internal or external factors or power. As an independent body, it should be free from outer pressures and should be able to pass judgments according to the laws. The judges should be free to provide decisions without any fear or pressure. Indian judiciary does provide such powers to the judiciary and even had made several provisions to ensure the independence of the judicial system.
Indian constitution works on the theory of division of powers. This simply means that rather than being assembled into one hand, powers are divided between different organs of the Indian political system, such as the executive council, legislative council, and the respected judiciary of India. The powers are separated into these three parts and act according to their nature. And cannot meddle in each other’s areas of power.
In order to make the judiciary free from outer influences, there are some arrangements mentioned in the Indian constitution. Such as:
- According to article 124, the Chief Justice of India will be appointed by the president of India, but only after consulting with the judges of the supreme court and the high court. And similarly, before appointing judges of the high court and supreme court, the president seeks advice from the Chief Justice of India.
- Article 124 also denotes the security of tenure for the judges. There is a process provided by the Indian constitution, according to which, a judge can not be removed before their service time without the permission of the president of the country. And only could be removed under some special conditions, following the process mentioned in the constitution.
- The perks and the salaries of the judges are also fixed by the constitution and cannot be affected in any condition.
- The judiciary is separated from the executive council and is not obliged by any organ of the system.
Necessity of Independent Judiciary
Judiciary is an important part of the Indian political system. And only an independent judiciary can carry out such important functions as providing justice and protecting the fundamental rights of the people. The fundamental rights are given by the constitution of India to its people, however, just written edicts are not enough to ensure their fundamental security and rights, but its implementation is equally important. And only an independent judiciary can ensure such.
Here are some of the reasons why an independent judiciary is important to carry out these important functions.
- To maintain balance: an independent judiciary maintains the balance in the country as well as the in the other parts of the system. The judiciary enforces laws in the country and also punishes if the laws were broken.
- Prevents the exploitation of powers: an independent judiciary ensures that executive or legislative councils cannot misuse their powers by any means. The courts play an important role in making responsible government.
- Protecting the fundamental rights: the judiciary also plays the role of the protector of the fundamental rights of the citizens of India. If the citizens feel that their fundamental rights are being violated by any means, they can always approach courts to seek justice.
- Providing unbiased decisions: only an independent judiciary can ensure unbiased decisions, regardless of status or power. According to the constitution, the executive and legislative councils are made separate from the judiciary, they can not influence its decisions. People can freely knock on the door of the courts for justice.
FAQ on Independent Judiciary
Question 1: How judiciary is important to ensure justice?
Judiciary is the third and most important part of the Indian government, which is responsible for providing justice and implementing laws in the country. making and interpreting laws, handling all kinds of disputes and disagreements, and punishments all fall under the power of the judiciary. judiciary ensures justice and plays the role of guardian of the law. It is responsible for providing justice and protecting the fundamental rights of the citizens of India. any citizen, whose rights are being violated in any manner can seek justice from the court.
Question 2: Is India’s judiciary truly independent?
Judiciary is an important part of the Indian government and is kept separate from the influence of other political organs of the government. It plays a crucial role in the functioning of the country and its laws. It is expected of the judiciary to provide justice and protect the fundamental rights of the citizens as well as look out for the actions of the government bodies and prevent them from any kind of misuse of power. Such tasks can only be performed by an impartial and independent judiciary. Indian constitution ensures the supremacy and independence of the judiciary. And does include some provisions, which ensure that it is free from any type of outer influences. However, practically, it is still hard to say if it is actually independent.
Question 3: What is the right to constitutional remedies and how it is connected to the idea of judicial review?
The Right to Constitutional Remedies and the concept of judicial review are interconnected and work in harmony. The right to constitutional remedies protects an individual’s rights against the actions of the State legislature or executive. It allows citizens to file a petition to the court if they think that the State administration is violating their fundamental rights. and if it is proven, then it’s subject to judicial review. As a result, judicial review and the Right to Constitutional Remedies are inextricably linked because judicial review is used when the State violates any fundamental right. In this case, a higher court can revoke a lower court’s decision based on its own investigation.
Question 4: How judiciary ensures equal access to courts?
In order to provide equal justice, the constitution ensures the judiciary is independent and free from any kind of outer influence. The constitution provides equal fundamental rights to the citizen, and the right of access to justice is one of them. It ensures that everyone is equally treated in front of the law and can seek justice from the court if they feel that their rights are being violated by any means.
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