Introduction to Judicial Independence

Judicial Independence means that the judiciary is able to uphold constitutional sovereignty against the invasion of power by legislature and executive. The other organs of the government should not interfere with the decisions of the judiciary and the judges must be able to perform their functions without any fear or favor.

Essentiality of Judicial Independence: Safeguarding Against Misuse of Power

Check Misuse of Power: Judicial Independence that allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive.

• To protect and maintain the Rule of Law: It means that all the people are equally subject to the ordinary law of the land. 
• Independence from Executive and Legislature: One aspect of this independence is the ‘separation of powers.’ 
• Separation of power means the judges should not act on the direction of the government or according to the wishes of the party in power. 
• That is why all modern democracies have courts that are independent of the legislature and the executive.
• To protect the democratic rights of the people.
• To uphold constitutional supremacy against other organs of the government.

Ensuring Judicial Independence: Overcoming Challenges for Access, Equality, and Justice in the Indian Legal System

Does Everyone Have Access to the Courts?

• Equal Access: In principle, all citizens of India can access the courts in this country. 
• Access to Justice: For the common people, access to courts is access to justice. 
  • This implies that every citizen has a right to justice through the courts, underlining the importance of Judicial Independence. 
• Right to Justice: If any citizen believes that their rights are being violated, then they can approach the court for justice to be done.
• Barriers to Access: While the courts are available for all, in reality access to courts has always been difficult for a vast majority of the poor in India as the Indian judicial system faces many issues, highlighting the importance of Judicial Independence.

Hurdles in Access to Justice:

• Costly Legal Procedures: Legal procedures in India involve a lot of money and paperwork as well as take up a lot of time. 
• Impact on the Poor: For a poor person who cannot read and whose family depends on a daily wage, the idea of going to court to get justice often seems remote. 
• Justice Delayed: Another issue that affects the common person’s access to justice is the inordinately long number of years that courts take to hear a case. 
• The phrase ‘justice delayed is justice denied’ is often used to characterize this extended time period that courts take, emphasizing the significance of Judicial Independence.
• Improving Access to Justice: These hurdles have been dealt with to certain extent by mechanisms of Public Interest Litigation (PIL) and Social Interest Litigation (SIL) to increase access to justice. 

Conclusion

Preserving judicial independence is crucial for an equitable and accessible legal system in India. Overcoming barriers requires ongoing efforts and a commitment to uphold justice for all, irrespective of socio-economic status.

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