Independence of District Judiciary

Context: 

The Supreme Court has held that the independence of district judiciary is part of the basic structure of the Constitution and judicial independence from the executive and the legislature requires the judiciary to have a say in matters of finances.

Observations of the Supreme Court on Independence of District Judiciary:

• Importance of Impartial and Independent Judges: Without impartial and independent judges in the district judiciary, justice, a preambular goal, would remain illusory. 
  • The district judiciary is, in most cases, also the court which is most accessible to the litigant. 
• Directions for Amending Service Rules and Payment of Benefits: The Court gave a series of directions to amend the service rules of the district judiciary and for payment of arrears of pension, additional pension, gratuity and other retiral benefits. 
  • The directions were based on the recommendations made in the report of the court appointed Second National Judicial Pay Commission headed by Justice P.V. Reddi-retired as its chairman.

• Financial Security and Economic Independence of Judicial Officers: The independence of the judicial officers is vital to the judicial system. To secure their impartiality, it is important to ensure their financial security and economic independence.
• Doctrine of Compelling Payment for Judicial Mandates: The judgment highlighted the doctrine that the “judiciary must possess the inherent power to compel payment of those sums of money which are reasonable and necessary to carry out its mandated responsibilities”.
  • The Court said that this doctrine is only the logical conclusion of separation of powers and ensures that the independence of the judiciary is secured.

Concept of an Independent Judiciary:

• An independent judiciary implies that the executive and legislature should not interfere in the work of the judiciary. 
• The judiciary is expected to be free from all the influences and interests of the government and the ruling party and should not act on its behalf. 
• The judges, in an independent judiciary, should have the freedom to exercise the judicial powers conferred upon them without any influence, pressure or fear
• The separation of power dictates that the judiciary should act independently without any outside influences.

News Source: The Hindu

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