Independent Judiciary

Independent Judiciary

Question 2023 UPSC 200 words 

10 Marks

 Constitutionally guaranteed judicial independence is a prerequisite of democracy”. Comment.
Source of the answer NCERT – Class XI – Indian Constitution at Work – Chapter 6 – Judiciary.
Answer structure
1. Introduction a.      Nature of Indian judiciary – Independent & Integrated

  1. Significance of independent judiciary – for rule of law
2. Main body:

 

 a.      Meaning of Independent judiciary

b.     Need for independence

c.      Means of ensuring the independence
3. Conclusion:

 

 Way forward – Need for balance between autonomy and accountability of judiciary
Full answer
Introduction ·       Indian constitution established an independent and integrated judiciary.

·       Independent judiciary is necessary to resolve these disputes without fear and favour in a diversified society like India.
Meaning of Independent judiciary Independent judiciary implies protecting the judges from the influence of –

1.     Executive

2.     Legislature

3.     Money power

4.     Muscle power.
Constitutional provisions of independent judiciary. Judicial independence is constitutionally guaranteed by –

1.     Highest standards in the appointment of judges (Art. 124-2)

2.     Ensuring fixed tenure to the judges at a specific age of retirement.

Ex: Retirement age of 65 for Supreme Court judges

3.     Difficulty in the removal of judges i.e. impeachment (Art. 124-4)

4.     Higher salaries and allowances of the judges should not subjected to the approval of the legislature

5.     The judiciary has the power to penalise for contempt of court (article 129)

6.     Parliament cannot discuss the conduct of the judges except when the proceeding to remove a judge (article 121)
Significance of independent judiciary Such a Judicial Independence Is a Prerequisite of Democracy because it guarantees –

1.     Good governance

2.     Accountability

3.     Impartial interpretation of the constitution

4.     Rule of law

5.     Enforcement of fundamental rights

6.     Execution of welfare state policies

7.     Protection of rights of states in a federation.

8.     Prevention of autocracy of the government

9.     Implementation of checks and balances.
Conclusion There is need for striking a balance between the judicial autonomy with judicial accountability to prevent judicial despotism.

 

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