6.2.1. Independence of Judiciary

Simply stated independence of judiciary means that: – the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice. – the other organs of the government should not interfere with the decision of the judiciary. – judges must be able to perform their functions without fear or favour.

The independence of the judiciary refers to the autonomy and freedom that courts and judges have from other branches of government, namely the executive and legislative branches. This autonomy ensures that judges can make decisions based on law and justice without outside influence or pressure. The judiciary must function independently so it can administer justice fairly and equitably. This includes making rulings based purely on the law rather than political or personal motivations.

Imagine a referee at a sports game. Just like a referee must make calls without fear of retribution from players or fans, judges need to make rulings without outside pressures influencing their decisions. If a referee were worried about how players reacted to their decisions, the fairness of the game would be compromised.

Independence of the judiciary does not imply arbitrariness or absence of accountability. Judiciary is a part of the democratic political structure of the country. It is therefore accountable to the Constitution, to the democratic traditions and to the people of the country.

While the judiciary operates independently, it is not free from accountability. This means that judges must still adhere to the laws and the Constitution. The judiciary must ensure they uphold democratic values, act justly, and respect the rights of the citizens. This accountability mechanism is vital to prevent misuse of power and to maintain public trust in the judicial system.

Think of a teacher in a classroom. The teacher can create the rules for their class and run it independently, but they are still accountable to the school’s administration and must follow the curriculum guidelines. Similarly, judges can make their independent rulings but must adhere to the laws and constitutional principles.

The Indian Constitution has ensured the independence of the judiciary through a number of measures. The legislature is not involved in the process of appointment of judges. Thus, it was believed that party politics would not play a role in the process of appointments.

To protect the independence of the judiciary, the Indian Constitution has laid down measures to separate the judiciary from the legislative branch. Judges are appointed based on merit rather than political affiliations, reducing the risk of bias and external influence in judicial decisions. This is crucial for maintaining an impartial legal system where justice is administered fairly.

Imagine a sports team selecting a coach. If the selection is based solely on the coach's experience and qualifications rather than connections or politics within the team, then the team is more likely to function better. This principle applies to judiciary appointments as well.

The judges have a fixed tenure. They hold office till reaching the age of retirement. Only in exceptional cases, judges may be removed. But otherwise, they have security of tenure.

Judges in India enjoy a fixed tenure, which means they can serve until a designated retirement age, normally 65 years for Supreme Court judges. This security allows judges to make controversial rulings without fear of losing their jobs. Their removal is also a difficult process requiring substantial proof of misbehavior, thus protecting them from arbitrary dismissals.

Think of a doctor who must make tough decisions in a hospital. If they are secure in their job, they are more likely to treat their patients based on medical ethics rather than fear of losing their position. This security empowers judges to deliver justice without concern about external pressures.

The judiciary is not financially dependent on either the executive or legislature. The Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature.

Judges' salaries and allowances are guaranteed by the Constitution, meaning they do not depend on the legislative branch for their financial compensation. This ensures that judges can make decisions based on law rather than economic pressures or the whims of the government. Financial independence is crucial for an impartial judiciary.

Think of a journalist writing a story. If the journalist relies on a particular business for payments, their reporting might be influenced by that business’s interests. However, if their salary comes from a reliable and impartial source, they can write freely without fear of reprisal. Similarly, financial independence protects judges.

--