The concept of an independent judiciary is a vital pillar of any democratic system. In India, it has evolved to become a safeguard of fundamental rights, ensuring that the rule of law prevails over arbitrary actions by the executive and legislature. The judiciary, through its checks and balances, ensures that power is not concentrated in the hands of any one branch of government.
The Concept of Judicial Independence
Judicial independence means that the judiciary should be free from external pressures or influences, particularly from the executive and legislature. It ensures that judges can make decisions impartially based on the law and facts, without fear of retribution or external control. In India, judicial independence is vital as it safeguards democracy, protects human rights, and upholds the constitutional values enshrined in the Indian Constitution.
In India, judicial independence is rooted in the doctrine of the separation of powers, which divides the government into three branches: the legislature, the executive, and the judiciary. The Constitution of India establishes this separation of powers to prevent any one branch from having unchecked authority.
While the legislature is tasked with making laws and the executive is responsible for implementing them, the judiciary ensures that the laws comply with the Constitution and that they are interpreted and enforced impartially.
The judiciary’s role is to act as a check on the power of both the executive and legislature. It ensures that no law or action contravenes the fundamental rights of the citizens or violates constitutional provisions. Through judicial review, the judiciary can strike down laws or government actions that are unconstitutional.
Constitutional Framework for Judicial Independence
The Constitution of India provides for judicial independence through several provisions that ensure the autonomy of the judiciary from the executive and legislature. These provisions include the appointment and removal of judges, the security of tenure, the powers of the judiciary, and the financial independence of the judicial system.
Separation of Powers
Article 50 of the Constitution mandates the separation of the judiciary from the executive. The Constitution provides that the judiciary should function independently of the executive, ensuring that decisions are made solely based on legal reasoning and constitutional principles.
