Independent Judiciary

Independent 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.

Independent Judiciary

Independence of the Judiciary

Judicial Independence is the concept in which the judiciary should be independent of the branches of the government and that courts must not be subjected to improper influences from the other branches of government or from any third party. Separation of powers as a concept of importance is related to and subjected to judicial independence.

Meaning of Independent Judiciary

The meaning of Independence of the Judiciary is mentioned below:

1. Other organs of the government, which include the executive and the legislature must not try to restrain the functioning of the judiciary in such a way because of which it is unable to do justice.
2. Other organs of the government should not try to interfere with the decisions of the judiciary.
3. Judges should be able to perform their duties and functions without fear or any favor.

The judiciary is a part of the democratic political structure of the country and is accountable to the Constitution, to democracy, and also to the people of the country. Separation of power is one of the central themes of independence of the judiciary from the executive and the legislature. The main concern of independence is that the judges are able to decide upon a dispute before them according to the law, uninfluenced by other factors.

Need for Independence of Judiciary

Disputes are something that is bound to surface between individuals, groups of individuals, or the government. These disputes have to settle by some independent body in accordance with the rule of law. This implies all individuals- rich or poor, men, women, forward or backward castes; are all subjected to the same law. 

The main motive of the judiciary is to protect and ensure the supremacy of the law. Safeguarding the rights of individuals, settling disputes in accordance with the law, and equal importance given to all are some important aspects of the Judiciary. For performing all these tasks, it is necessary for the Judiciary to be away from any political pressures.

Ways in which Judicial Independence Is Maintained

There can be various ways in which judicial independence can be protected from various threats. Some of the most common strategies which are used include the limitation of government discretion over judicial salaries, placing some heavy restrictions on the removal of judges from offices, fixing some minimum jurisdiction that courts are too possess, and relieving judges of personal liabilities for acts that are performed in the course of their duties. Also, decentralized kind of organizational structures grants greater autonomy to individual judges, which by contrast may make it harder for the government in capturing to co-opt the judiciary as a whole.

Theory of Separation of Power

According to the Indian constitution, there are three organs, respectively executive, legislature, and 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 the 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 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 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 by the President

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.

Security of Services

Judges remain in office till they reach the age of retirement, which is 65 years for Supreme Court Justices and 62 years for High Court Judges. Only be removed based on proven misbehavior and in case of incapacity. As the procedure is so difficult, no Supreme Court or High Court judge has been removed till now.

Long Tenure

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. 

Prohibition of practice after retirement

By rule, the judges of the Supreme Court and the high court cannot practice after their retirements, like the way lawyers do usually. However, the government does hire retired higher judiciary judges as heads of various commissions.

Power of Judicial Review

The power of the Judicial Review comes from the Constitution of India itself and India has an independent judiciary with extensive jurisdiction over the acts of both legislature and the executive. Judicial Review is mostly classified into three types: reviews of legislative actions, reviews of judicial decisions, and reviews of administrative action.

What are the dimensions of Judicial Independence?

There are different dimensions of Judicial Independence, which include the following:

External Independence

External Independence refers to the form of independence of the Judiciary from the political branches, which includes executive and legislative powers, as well as any other non-judicial factor.

Adjudicative Independence of Individual Judges

It focuses on protecting the individual judges from the kind of undue pressure from inside the judiciary, and from other judges.

Institutional Independence of Judiciary

It pertains to the institutional and legal arrangements to shield judges from undue pressure and influence.

Individual Independence

It concerns the individual independence of the judges, which is their state of mind and concrete conduct, on their professional life, and on internalized professional values.

FAQs on Judicial Independence

What is a safeguard of Judicial Independence?

Judicial Independence serves as a safeguard for the rights and privileges provided by a limited constitution and prevents the encroachment of executive and legislative upon those rights.

How does the Indian Judicial system work?

The judicial system in India has a pyramidal structure with the Supreme Court at the top, followed by High courts and then the districts and subordinate courts.

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

An independent and impartial judiciary can establish a stable rule of law in the country.

What do you mean by Judiciary?

Judiciary refers to a system of courts of law and a branch of government where judicial power is vested.

Write a short note on the importance of Judicial Independence.

It ensures that judges are free to conclude the actions taken or the decisions made by the Government are in breach of the law and they in breach with individual rights.