Why do we need an Independent Judiciary?

In any society, conflicts are inevitable among individuals, groups, and between individuals/groups and the government. Resolving such disputes impartially is essential, governed by the principle of the rule of law. This principle dictates that all individuals, irrespective of their wealth, gender, or social status, are subject to the same legal framework. The judiciary plays a pivotal role in upholding the rule of law, ensuring the supremacy of legal principles, safeguarding individual rights, and preventing the usurpation of democracy by individuals or groups.

Independence of the judiciary refers to its autonomy from other branches of government, particularly the executive and legislature, to ensure it can dispense justice without undue influence. This independence is upheld through several mechanisms:

1. Non-interference: The executive and legislature must refrain from hindering the judiciary’s functioning or influencing its decisions.
2. Judicial autonomy: Judges should be able to perform their duties without fear or favor, devoid of any external pressures or biases.
3. Appointment process: The process of appointing judges should be free from political interference. In India, the legislature is not directly involved in judge appointments to minimize partisan influence. Candidates are selected based on legal expertise rather than political affiliations.
4. Security of tenure: Judges hold office until retirement age, ensuring stability and preventing arbitrary removal except in exceptional circumstances. The Constitution mandates a rigorous procedure for judge removal to safeguard against arbitrary dismissals.
5. Financial independence: The judiciary’s financial resources should be independent of the executive or legislature to prevent fiscal influence on judicial decisions. Salaries and allowances for judges are not subject to legislative approval.
6. Immunity from criticism: Judges are protected from personal criticisms, and the judiciary has the power to penalize individuals for contempt of court. Parliamentary discussions on judges’ conduct are limited to removal proceedings.

Constraints on judges’ rulings include constitutional provisions, legal precedents, opinions of other courts, public opinion, media scrutiny, legal traditions, laws, time constraints, staff limitations, fear of public criticism, and fear of executive action.

The appointment of judges, although influenced by political considerations, aims to maintain a balance between the executive and judiciary. Collegiality among senior judges ensures a consultative process in appointments, enhancing judicial independence.

Removal of judges is a stringent process requiring a special majority in both houses of Parliament, ensuring that judicial tenure is not compromised by political whims. This balance of powers between the executive and legislature contributes to the independence of the judiciary.

Disputes are inherent in any society, and the resolution of these conflicts is pivotal for maintaining social order and justice. However, to ensure fairness and equality before the law, an independent judiciary is indispensable.

The reasons why we need independent judiciary has been discuss thoroughly in the following article!