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Judicial Independence in India: Rule of Law & Access to Justice

December 2, 2023 802 0

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
Significance of Independent Judiciary

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.

How can we secure Judicial Independence?

Appointment of Judges:

  • Appointment: The judges of the Supreme Court and the High Courts are appointed by the President in consultation with the Chief Justice of the Supreme Court.
  • Judicial Primacy: Ensuring Judicial Independence, appointments and transfer of judges, which means that here party politics would not play any role.
  • Chief Justice of India: From 1950 to 1973, the senior-most judge of the Supreme Court was appointed as the Chief Justice of India.
  • Departures from Tradition: But this convention was broken twice when Justice A. N. Ray (1973) and Justice M. H. Beg (1975) was appointed as CJI superseding their senior judges. Hence, only the senior most judge is appointed as CJI, emphasizing the importance of Judicial Independence. 
  • Collegium System: After 1998, the SC suggested that the chief justice should recommend names of persons to be appointed in consultation with 4 senior-most judges. 
  • Thus, it established the principle of collegiality.

 Removal of the Judges:

  • Removal: A judge can be removed only by an impeachment motion passed separately in both Houses of the Parliament.
  • Special Majority: The motion must be approved by a special majority in both Houses of the Parliament, underscoring the importance of Judicial Independence. 
  • Ground for removal: Proved Misbehavior or incapacity.
  • Though this has never happened in the history of Indian democracy.
    • In 1991, an attempt was made to remove Justice Ramaswamy, but the removal motion was not passed in the House as the Congress party abstained from voting in the House.

 Tenure of the Judges:

  • The judges have a fixed tenure, and they hold the office till the age of retirement.
  • They have the security of tenure, which ensures that they function without fear or favor. Hence the constitution provides a very difficult procedure for their removal.

Protection to the Judiciary:

  • The salaries and allowances of the judges are not subjected to the approval of Parliament.
  • The decisions of the judges are immune from personal criticisms.
  • They have the power to penalize those who are found guilty of contempt of court.
  • Parliament cannot discuss the conduct of judges except when the proceeding to remove a judge is being carried out, emphasizing the significance of Judicial Independence. 

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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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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