Skip to content
Related Articles

Related Articles

Why is Judicial Independence Important?

View Discussion
Improve Article
Save Article
  • Last Updated : 26 Jul, 2022
View Discussion
Improve Article
Save Article

The independence of the Judiciary holds a significant role in providing Justice. The thought of Justice, Liberty, and Equality has no meaning without the independence of the Judiciary. An independent Judiciary means a judiciary that is unbiased and can act freely without any influence or interference from any other part of the political system. According to the Indian constitution, An independent judiciary has been provided to protect fundamental rights and provide equal Law to the people of India.

Meaning of Independent Judiciary

An independent judiciary simply means the judiciary that is not subject to any outside influence, be it political or otherwise. Without any outside pressure, judges are free to render judgments based solely on the evidence.  As a democratic country, the Indian constitution provides an independent Judiciary, which is essential for the country and its people to grow. without an unbiased judiciary, there will be no Justice and Liberty, which is important for democracy and the independence of society. Here, the principle of separation of powers serves as the backbone of an independent judiciary.

Theory of Separation of Power

According to the Indian constitution, there are three organs, respectively executive, legislature, and the Judiciary. Which have their own roles in maintaining the right order in the country. This concept works on the theory of separation of powers.  The theory of separation of powers was incorporated into the constitution to provide a balance or set the boundaries for the operation of these three organs.

The judiciary of the country acts as the guardian of law and protects the rights of the people and maintains the balance in the country through laws. It is also responsible for keeping on the working of the legislature. basically, the theory of separation of power means the division of powers so that it cannot be abused by one person or one part of the system. To put it into simple words, all three organs of the system are separated and have their own field of power and rights. They have their own boundaries and cannot interfere in the functioning of each other. 

Importance of Judiciary to be Independent

To provide justice, it is important to have an independent judiciary system. The people can only have the thought of justice if the court is free from the influence of any external power. The independence of the judiciary holds an important role and is the subject of discussion. Here, we will discuss about several reasons, which prove the importance of the independence of the judicial system in the country. which are given below:

  1. An independent judiciary makes sure that all the organs of the country are acting according to their provisions and limitations provided by law under the constitution of India.
  2. It is responsible to make and implement laws in the country and acts as the guardian of the Law. So it should be free from any outer influence. 
  3. It helps to protect the theory of separation of powers and serves as the protector of India’s constitution and fundamental rights.
  4. The judiciary should be independent and competent so that it can interpret the provisions in a right and clear manner and should be unbiased. It should not be influenced or pressurized by any other organ of the country. 
  5. Judiciary is expected to deliver justice in an impartial manner. Which is impossible if the Judiciary is not independent. 
  6. An independent judiciary is much needed in order to protect and enforce fundamental rights for the betterment of society. 

Constitutional Arrangement that ensures Independence of Judiciary

There are a number of provisions mentioned in the constitution of India which ensures the independence of the Judiciary in India. These are as follows:

The appointment of the judges

According to article 124 in the Indian constitution, the Chief Justice of India should be selected by the President of India on the basis of consultation with the judges of the Supreme court and the high court. Also, before appointing other judges, the president is needed to consult with the Chief Justice of India. thus, the president of India cannot appoint any judge without the consultation of other judges. Therefore, article 124 prevents the possession of all discretionary powers on one hand.

Tenure assurance of the Judges

Article 124 demotes that the judges of the supreme court have the security of tenure. They cannot be removed from office without the President’s permission, and even then, only on the basis of incompetence or misbehavior that has been proven, and is supported by a resolution passed by a majority of the members of each House collectively, as well as by a majority of at least 2/3 of the members of each House present and voting

Fixed salaries

The Indian Constitution has denoted the salaries and benefits for the judges of the supreme court, which are deducted from the Consolidated Fund of India and not subject to a vote by the legislature. Except in extreme financial situations, their wages and allowances cannot be changed to their detriment throughout the period of their office.

The powers of the supreme court can be extended but cannot be curtailed

In terms of its authority, Parliament may alter the financial threshold for Supreme Court appeals in civil cases, expand the Supreme Court’s appellate jurisdiction, grant it supplemental powers to help it function more efficiently, grant authority to order writs, including all prerogative writs, for any reason other than those specified in Article. 32. All of these laws make clear that while the Parliament may go beyond the Supreme Court’s authority, it may not limit it, as mentioned in article 138.

The power to punish for contempt

According to articles 129 and 215, the high court and the Supreme court have the power to punish for contempt. Which means it can punish any person for contempt. This power holds great importance in the matter of an independent judiciary.

The separation of the executive from the judiciary

Article 50 denotes the separation of the judiciary from the executive in the public services of the states. Which emphasizes the importance of securing the judiciary from any external interference. 

Frequently Asked Questions

Question 1:  How does the Indian judicial system work?

Answer: 

The Indian judicial system is an integrated type of judicial system. Courts are arranged in a hierarchy. The Supreme Court of India is placed at the top of the hierarchy, and the High Courts function beneath it. The High Court, which is regarded as the supreme court at the state level, is present in almost every state.
 

Question 2:  What are the powers of the High Court?

Answer: 

High court possesses the power of Judicial review.  If a law or ordinance is determined to be against the Indian Constitution, they have the authority to declare it unconstitutional. Only a High Court has the authority to certify matters as eligible for appeal to the Supreme Court.

Question 3: What can an independent and impartial judiciary do to create stability?

Answer: 

A dependable rule of law can be established through an impartial and independent court. The ability to uphold the law without fear or outside pressure and to exert effective control over governmental acts is known as judicial independence. The Constitution’s fundamental framework includes the independence of the judiciary.

My Personal Notes arrow_drop_up
Recommended Articles
Page :

Start Your Coding Journey Now!