Independence & Impartiality of Indian Judiciary

The independence of the judiciary is essential for the sake of justice. To make a decision that appears rational, the court should be free from interference from the legislature and the executive branch. Judges can have been biased in some way when rendering a fair decision in an intervention case. Other than that, it’s difficult to come up with a way to strengthen the independence of Indian courts and shield them from the other two institutions.

Key Takeaways:

• Judges and the judiciary as a whole must be impartial and independent of one another, as well as of any other influences.
• They ought to be free from any improper influence when carrying out their judicial responsibilities.
• The general public and other stakeholders should have confidence that their cases will be decided impartially and in compliance with the law.
• There are several sources of influence. The causes might include self-interest, the media, individual litigants, certain pressure organizations, illegal executive or legislative pressure, or other judges, especially more senior judges.
• According to the theory of the “constituent mechanism,” the independence of the judiciary is determined by the independence of its judges.
• Judges’ impartiality and the independence of the judiciary are two different concepts; the latter refers to the stakeholders that make up the institution, while the former refers to the institution itself.

• The Constitution acknowledges that Parliament cannot limit the enormous authority possessed by the judiciary, particularly the Supreme Court.
• Parliament can only modify the financial thresholds for appeals to the Supreme Court in certain civil matters.
• In response, the Supreme Court has additional authority and a wide range of appellate jurisdiction to support its effective operation.
• Being courts of record, the Supreme Court and the High Courts have the authority to penalize for contempt directed at judges or the judiciary.

For the court to be independent, judges’ independence is essential. The legal requirements that demand judges’ independence and impartiality are as follows:

1. Judges have tenure security from the time of their appointment until they reach retirement age. Judges of the High Court are still required to be 62 years old, while judges of the Supreme Court are 65 years old. After retiring, judges are not permitted to continue serving as advocates in the same or comparable courts. A retired High Court judge, for instance, is allowed to practice in the Supreme Court but is not allowed to practice in the same or other High Courts. This guarantees that former judges who are still practicing law won’t sway the bench’s judgment because of their possible presumptive familiarity.

2. Judges are not readily removed from office unless they are shown to have acted improperly or are unable to. To guarantee judges’ tenure security, the legal system is kept strict.

3. The legislature does not have the authority to vote on the set salaries and allowances for judges. The consolidated fund of the state (for high courts) and the consolidated fund of India (for the Supreme Court) provide judges with their salaries. Their benefits cannot be changed to their detriment unless there is an urgent financial need.

4. Even the judges’ conduct has been safeguarded from scrutiny by other constitutional bodies. Parliament or state legislatures are not allowed to debate the behavior of Supreme Court or High Court judges unless a request to remove a judge is made to the President.

5. The Supreme Court of India has been granted permission to operate independently and with total authority. It also has the authority to appoint court employees and officials and set their terms of service.

The independence of the judiciary is of the utmost importance in order to discharge its vital roles and responsibilities. In order to uphold the standards of justice, liberty, basic rights, and other standards, the state must respect each and every one of a person’s legal rights. This is known as due process of law. This idea can only be implemented by an independent judiciary. History demonstrates that any disruption to the judiciary’s independence has a direct effect on the rights and due process afforded to regular individuals.

What does Article 50 of the Indian Constitution say?

Article 50 falls under Part IV (Directive Principles of State Policy) of the Indian Constitution. The article states that the “state shall take steps to separate the judiciary from the executive in the public services of the state.”

What is judicial impartiality?

Judicial impartiality refers to the principle that judges should be free from bias and prejudice when making decisions. They should base their rulings solely on the facts of the case, the law, and the legal arguments presented.

What is the tenure of judges of the HC and SC of India?

Judges of the High Court must retire at age sixty-two, whereas justices of the Supreme Court must retire at age sixty-five.

How can a Supreme Court judge retire?

A judge of the Supreme Court may resign by letter to the President. On the Parliament’s advice, the President may also remove him from office.

What is Impartial Justice?

Judges can make decisions based on the law and evidence, without fear of being pressured by politicians, wealthy individuals, or other powerful groups. This ensures everyone receives a fair trial, regardless of their background.