Roadmap for Answer Writing
1. Introduction
- Define judicial independence.
- Highlight its significance in a democratic framework.
- Mention the relevant constitutional article (Article 50) that ensures this independence.
2. Constitutional Provisions Supporting Judicial Independence
- Article 124: Establishes the Supreme Court and guides the appointment of judges on merit.
- Articles 214 and 215: Govern the establishment and functioning of High Courts, ensuring independence.
- Article 50: Mandates separation of judiciary from the executive, emphasized in the Kesavananda Bharati case (Supreme Court, 1973) which upheld the basic structure doctrine.
- Articles 121 and 211: Restrict legislative discussions on judges’ conduct, thus protecting their independence.
- Articles 125 and 221: Ensure judges’ salaries cannot be altered post-appointment, preventing financial manipulation.
- Articles 32 and 226: Empower judicial review; for example, the Supreme Court’s decision to strike down the NJAC Act (2015) reaffirmed judicial independence.
- Security of Tenure: Judges of the High Courts and Supreme Court have security until retirement (62 for High Court, 65 for Supreme Court) under Articles 124 and 217.
3. Importance of Judicial Independence in a Democracy
- Rule of Law: Judicial independence ensures laws are interpreted uniformly, as seen in the Keshavananda Bharati case.
- Protection of Rights: The judiciary safeguards fundamental rights, exemplified by the Habeas Corpus case during the Emergency.
- Fair Trials: The judiciary can conduct fair trials despite public pressure, illustrated by the Nirbhaya case.
- Transparency: Judicial independence fosters transparency in the legal system.
- Accountability: Independent judiciary holds power accountable (e.g., NJAC case).
- Conflict Resolution: The judiciary resolves disputes effectively, as in the Ayodhya Verdict.
- Judicial Review: Critical for upholding constitutional morality, seen in the decriminalization of Section 377.
- Public Faith: An independent judiciary builds trust, highlighted by the Right to Privacy judgment.
4. Conclusion
- Emphasize the need to strengthen the judiciary for a vibrant democracy.
- Encourage collective responsibility among stakeholders to uphold democratic values.
Constitutionally guaranteed judicial independence is crucial for a functioning democracy. It ensures that the judiciary operates without undue influence from the executive or legislative branches, thereby maintaining a balance of power. This independence upholds the rule of law, as judges can make impartial decisions based on legal principles rather than political pressure. It protects the rights of individuals by providing a fair and unbiased forum for resolving disputes and holding government actions accountable. Without such guarantees, there is a risk of eroding public trust in the legal system and undermining democratic values. By safeguarding the judiciary’s autonomy, democracy is strengthened as it fosters a system where checks and balances are respected, and justice is administered equitably. Therefore, judicial independence is not merely a constitutional requirement but a foundational element that supports the integrity and stability of democratic governance.
Model Answer
Introduction
Constitutionally guaranteed judicial independence is essential for the functioning of a democracy. It ensures that the judiciary operates autonomously and impartially, free from interference by other branches of government. Article 50 of the Indian Constitution explicitly mandates the separation of the judiciary from the executive, which protects human rights and upholds the rule of law, foundational elements of a democratic society.
Body
Constitutional Provisions Supporting Judicial Independence
Several articles in the Indian Constitution reinforce judicial independence:
Importance of Judicial Independence in Democracy
Judicial independence is vital for several reasons:
Conclusion
Strengthening judicial independence is critical for nurturing democracy. It is through collaborative efforts and active participation from all stakeholders that a just, equitable, and resilient society can be built.