6.2. Why Do We Need an Independent Judiciary?

In any society, disputes are bound to arise between individuals, between groups and between individuals or groups and government. All such disputes must be settled by an independent body in accordance with the principle of rule of law. This idea of rule of law implies that all individuals — rich and poor, men or women, forward or backward castes — are subjected to the same law.

Disputes are common in any society, arising among individuals or between groups and governments. The rule of law establishes that these disputes should be resolved fairly, ensuring everyone is treated equally under the law. This means that regardless of one's wealth, gender, or social background, everyone must follow and abide by the same laws. An independent judiciary supports this principle by making unbiased decisions in conflicts.

Think of a sports game where the referee (representing the judiciary) ensures both teams follow the same rules. If the referee is fair and unbiased, the game is played fairly. However, if the referee is influenced by one team, the game becomes unfair. Similarly, an independent judiciary helps ensure fairness in legal disputes.

The principal role of the judiciary is to protect rule of law and ensure supremacy of law. It safeguards rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship.

The judiciary plays a crucial role in maintaining democracy by upholding the rule of law, which ensures that everyone lives under the ideals of legality and fairness. It protects individual rights, resolving disputes based on established laws, and prevents any form of dictatorship where one person or group could overpower the rights of others.

Imagine a classroom where the teacher (the judiciary) ensures that everyone abides by the rules and nobody tries to impose their will over others. If one student begins to dictate what the others can do, the teacher steps in. Similarly, the judiciary protects the rights of individuals against any misuse of power by the government or dominant groups.

What is meant by an independent judiciary? How is this independence ensured? 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.

An independent judiciary operates without interference from the other branches of government, such as the executive and legislature. This independence is crucial for the judiciary to function effectively and deliver justice impartially. If the other branches can impose restrictions or influence judicial decisions, the independence needed for fair trials and justice is compromised.

Think of a referee in a game who must make decisions independently. If the coach (executive) or the players (legislature) tries to influence the referee's decision, the game becomes unfair. An independent judiciary acts similarly, making decisions based solely on the law without external pressures.

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 is independent, it must also be accountable. This means that judges are subject to the rule of the Constitution and democratic traditions, ensuring they act responsibly. Accountability protects against biases and maintains public trust in the judiciary's role in democracy.

Think of a judge in a court who must follow the laws while making decisions. Like a teacher grading papers based on clear criteria, judges must base their rulings on established laws and principles. This accountability prevents misuse of power and ensures that justice is served fairly.

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 maintain judicial independence, the Constitution of India has designed the system of appointing judges such that the legislature cannot influence decisions. This measure was established to minimize political interference, ensuring that judges can take decisions based on the law rather than political affiliations.

Imagine if a sports team chose referees based on which teams they favored. The game would not be fair. Similarly, in the judiciary, by keeping the appointment of judges separate from political processes, fairness and impartiality are upheld.

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. Security of tenure ensures that judges could function without fear or favour.

Judges are appointed for a fixed term and can only be removed under very strict conditions, providing them with job security. This security enables judges to make independent decisions without fearing repercussions from other branches of government or public opinion, fostering justice.

Think of a teacher with job security who can freely give grades without worrying about losing their job for low marks. Similarly, judges, with job security, can make fair decisions based on the law without fear of influence from politics or public reaction.

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