INDEPENDENCE OF JUDICIARY

INDEPENDENCE OF JUDICIARY

Article 50 of the Indian Constitution lays the rule of independence of judiciary. Independence of judiciary mean the power of upholding without fear or favour, the rule of law, personal freedom and liberty, equality before law and impartial and effective judicial control over administrative and executives actions of the government.

.

Judicial independence has institutional and individual components.

INSTITUTIONAL INDEPENDENCE

For there to be institutional independence, the judiciary must not be subject to executive or other interference (e.g., from a private or public organization, a national or international organization, or a person); it must be insulated from this external pressure. The judiciary must also be insulated from internal pressure. Judges must not be pressured by colleagues or those inside the judicial system. The judge should be guided only by the law and his or her solemn oath.

INDIVIDUAL INDEPENDENCE

Individual independence means that judges should be personally independent in carrying out their duties. Ensuring that the terms and conditions of their judicial service are secure is one step toward achieving individual independence. Another vital step is ensuring that adjudication is unbiased

SIGNIFICANCE OF INDEPENDENT STATUS OF JUDICIARY

1.         Role as the watch-dog in a democracy.

Judiciary emerges as a mediator when any organ of the government exercises 'excess power' which tends to violate the larger societal or individual interest.

E.g.  An accused cannot be forced by the police during interrogation into giving statement pointing to his/her guilt. This right has been constitutionally guaranteed to the accused under Article 20(3) of the Constitution, which states:

"No person accused of any offence shall be compelled to be a witness against himself".

2   To ensure constitutionally guaranteed freedoms

     E.g.  Freedom to speak in public or peacefully assemble

3   Judiciary acts as a guardian of fundamental rights

 

Our Constitution grants us unique rights such as:

Civil and political rights- e.g. the right to life; right to freedom of discrimination based on         religion, race, caste, gender or place of birth.

Economic, social and cultural rights- e.g. freedom to practice any religion; protection of   interests of minorities.

4.         Fair trial to the accused

In the domain of criminal law as well, independence of judiciary is linked to the granting of a fair trial to the accused. This becomes extremely important even when the accused are foreign nationals or persons who have committed crimes against the state, e.g. terrorists.

5.         Vital for the respect of due process of governance and rights granted to average citizens.

Due process of law means the State must respect all the legal rights that are owed to a person and confirm to the norms of fairness, liberty, fundamental rights etc. That could only be possible through an independent and impartial judiciary.

So, in grave political circumstances, the rights of citizens should not be compromised and this could only be possible through an independent and impartial judiciary.

CONSTITUTIONAL FRAMEWORK FOR THE INDEPENDENCE OF JUDICIARY

1.      The Constitution recognises that vast powers enjoyed by the courts, especially the

Supreme Court cannot be curtailed by the Parliament.

2.      Independence of judges is crucial to ensuring independence of judiciary. So, once appointed, judges are provided with a security of tenure till they reach a retirement age.

3.      Supreme Court judges and high court Judges are not allowed to practice as advocates in the same or equivalent courts, after their retirement

4.      Judges cannot be easily removed from their office except for proven misbehaviour and incapacity.

5.      The salaries and allowances of judges are fixed and not subject to vote of the legislature

6.      The conduct of judges of both the Supreme Court and High Courts cannot be discussed in Parliament or state legislature, except when a motion for removal of a judge is being presented to the President

7.      Supreme Court of India has been authorized to have its own establishment and to have complete control over it (to make appointments of officers and staff of the court and determine their service conditions.)