Independence and Impartiality of Indian Judiciary

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.

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.