Answer:
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Introduction
- Write about Constitutionally guaranteed judicial independence briefly
Body
- Write the different Constitutionally Guaranteed provisions Judicial Independence
- Write how constitutionally guaranteed judicial independence is a prerequisite of democracy
Conclusion
- Give appropriate conclusion in this regard
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Introduction
Constitutionally guaranteed judicial independence refers to the autonomy and impartiality of the judiciary system, which ensures that it operates without interference from other government branches or any external forces. Article 50 of the Constitution ensures complete independence of the judiciary and frees it from executive control. This framework ensures the protection of human rights, the rule of law, and a checks-and-balances system, which are foundational elements of a democratic society.
Body
Constitutional Provisions/Articles Related to Independent Judiciary in India
- Article 124 (Appointment of Supreme Court Judges): It deals with the establishment and constitution of the Supreme Court. It outlines the process of appointment of judges, ensuring that they are selected based on merit and qualifications, thereby maintaining judicial independence.
- Article 214 and 215 (High Courts in States): It govern the establishment and powers of High Courts in states. Like the Supreme Court, the appointment and functioning of High Court judges are designed to be independent.
- Article 50 (Separation of Judiciary from Executive) : This article explicitly mandates the separation of the judiciary from the executive, fortifying its independence. The Kesavananda Bharati case emphasized the importance of this separation as a part of the basic structure doctrine.
- Article 121 and 211 (Restriction on Legislative Discussion): It prohibits the Legislature from discussing the conduct of judges, thereby protecting judicial independence.
- Article 125 and 221 (Salaries and Allowances): These articles ensure that the salaries and allowances of judges cannot be altered to their disadvantage after their appointment, guarding them against financial manipulation.
- Article 32 and 226 (Power of Judicial Review): It gives the Supreme Court and High Courts the power of judicial review. Eg: the Supreme Court’s decision to strike down the NJAC Act in 2015 which was designed to replace the collegium system, thereby reaffirming the independence of the judiciary.
- Security of Tenure for Judges: Judges of the High Courts and the Supreme Court enjoy security of tenure until the age of retirement, which is 62 and 65 respectively under Articles 124 and 217. It safeguards judges from arbitrary removal, allowing them to adjudicate without fear or favour.
Constitutionally Guaranteed Judicial Independence as a Prerequisite of Democracy
- Rule of Law: For a democracy to function, laws must be interpreted and applied uniformly. The Keshavananda Bharati vs. State of Kerala case in India stands as a testament which held that the basic structure of the Constitution cannot be diluted by legislative amendments.
- Protection of Rights: The judiciary’s independence safeguards citizens’ fundamental rights. The Habeas Corpus case during the Emergency in India showcased the significance of judicial independence for upholding individual rights against unchecked executive power.
- Promotes Fair Trials: The Nirbhaya case in India saw the judiciary ensuring a fair trial even amidst massive public outcry, upholding the principle that everyone deserves a fair trial.
- Promotes transparency: Judicial independence helps to promote transparency in the legal system, as judges are free to make decisions without fear of retribution or interference.
- Encourages accountability: When the judiciary is independent, it can hold those in power accountable for their actions and ensure that they are subject to the same laws as everyone else. Ex. NJAC case.
- Conflict Resolution: The judiciary plays a critical role in resolving disputes. The Ayodhya Verdict, delivered by the Supreme Court, resolved a decades-long communal conflict through a well-reasoned judgment.
- Judicial Review: Judiciary’s role in reviewing laws is critical. The Supreme Court’s decision to decriminalize Section 377, which discriminated against LGBTQ+ individuals, exemplifies the judiciary’s role in upholding constitutional morality.
- Public Faith: An independent judiciary, by its judgments and actions, ensures public trust. The Right to Privacy judgment is a prime example, where the judiciary aligned with evolving global norms, securing citizens’ faith in democratic principles.
Conclusion
Moving forward, it is imperative to work on strengthening the judiciary while promoting other democratic tenets to forge a society rooted in justice, equality, and the collective good. It is through the collective responsibility and active participation of all stakeholders that a resilient and vibrant democracy can be achieved.
Other Essential Elements Which are a Prerequisite of Democracy
- Free and Fair Elections: Democracy hinges on the people’s ability to choose their leaders through free and fair elections. In India, the Election Commission ensures the smooth functioning of electoral processes, as seen in the massive logistical exercise of the 2019 General Elections.
- Educated Electorate: An educated electorate can make informed choices, vital for the proper functioning of a democracy. Various initiatives like the Right to Education Act aim to foster an educated populace.
- Media Freedom: A free media is the fourth pillar of democracy, providing the public with unbiased information. The role of media in uncovering scams, such as the Adarsh Housing Society scam, underlines its essential function in a democratic setup.
- Civil Liberties: The safeguarding of civil liberties, as embodied in the Fundamental Rights outlined in the Indian Constitution, is central to a democratic society, ensuring individuals’ freedom and equality.
- Economic Equality: Efforts like the implementation of schemes such as MGNREGA aim to reduce economic disparities, offering a level playing field for all citizens and promoting democratic participation.
- Inclusive Policies: The Government of India has introduced several inclusive policies, including reservations for historically marginalized communities, aiming to uplift them and ensure equitable representation in various spheres.
- Accountable Leadership: Leadership accountability is pivotal in democracy. The introduction of the Goods and Services Tax (GST), for instance, underwent intense scrutiny and debates in the Parliament, showcasing democratic accountability in action.
- Decentralization of Power: The 73rd and 74th constitutional amendments were revolutionary in decentralizing power, providing a framework for local self-governance, thereby promoting grassroots democracy and participation.
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2023
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