Mains Focus – 18th April 2025
Question
‘‘Constitutionally guaranteed judicial independence is a prerequisite of democracy.’’ Comment. [10 Marks, GS Paper 2, 2022]
Answer
Judicial independence refers to the ability of the judiciary to function impartially without any influence from the executive, legislature, or external forces. In a democracy, where the rule of law prevails, an independent judiciary becomes the guardian of the Constitution, protector of fundamental rights, and a check on the misuse of power.
Judicial Independence: A Constitutional Mandate
India’s Constitution explicitly and implicitly ensures judicial independence through several provisions:
- Security of tenure of judges under Article 124(2) and 217.
- Fixed service conditions and protection against arbitrary removal via a complex impeachment process.
- Separation of powers under Article 50 (Directive Principles) encourages the separation of judiciary from the executive.
- Financial autonomy of the judiciary and independence in judicial decision-making.
These provisions are essential in preventing political or executive interference in judicial matters.
Judicial Independence: A Prerequisite for Democracy
- Rule of Law: In a democracy, no one is above the law. Only an independent judiciary can uphold this principle effectively.
- Protection of Fundamental Rights: The judiciary ensures enforcement of rights, acting as the final protector of civil liberties.
- Checks and Balances: An impartial judiciary keeps a check on the arbitrary use of power by other organs of the state.
- Public Confidence: People trust the judiciary to provide justice, which strengthens democratic institutions.
Challenges to Judicial Independence
- Collegium system and lack of transparency in appointments.
- Political interference and pressures in sensitive cases.
- Judicial overreach sometimes erodes institutional balance.
- Pendency of cases and infrastructure issues affect timely justice delivery.
Conclusion
Judicial independence is the bedrock of a constitutional democracy. While the Constitution provides adequate safeguards, constant vigilance, reforms, and institutional integrity are essential to preserve this independence and ensure that democracy remains robust and vibrant.
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