QUES . “Constitutionally guaranteed judicial independence is a prerequisite of democracy.” Comment. UPSC 2023 GS MAINS PAPER 2
HINTS:
The Supreme Court has been assigned a very significant role in the Indian democratic political system. It is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and guardian of the Constitution. Therefore, its independence becomes very essential for the effective discharge of the duties assigned to it.
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How the Indian Constitution guarantees Judicial Independence?
Mode of appointment : The judges of the Supreme Court are appointed by the President in consultation with the members of the judiciary itself . This provision curtails the absolute discretion of the executive as well as ensures that the judicial appointments are not based on any political or practical considerations.
Security of tenure: The judges of the Supreme Court can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution.
Fixed service conditions: The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court cannot be changed to their disadvantage after their appointment except during a financial emergency.
Expenses charged on Consolidated Fund: The salaries, allowances and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India.
Conduct of judges cannot be discussed: The Constitution prohibits any discussion in Parliament or in a
State Legislature with respect to the conduct of the judges of the Supreme Court in the discharge of their duties.
Ban on practice after retirement: The retired judges of the Supreme Court are prohibited from pleading or acting in any Court or before any authority within the territory of India. This ensures that they do not favour any one in the hope of future favour.
Power to Punish for its Contempt: The Supreme Court can punish any person for its contempt. This power is vested in the Supreme Court to maintain its authority, dignity and honour.
Freedom to appoint its staff: The Chief Justice of India can appoint officers and servants of the Supreme Court without any interference from the executive.
Its Jurisdiction cannot be Curtailed: The Parliament is not authorised to curtail the jurisdiction and
powers of the Supreme Court.
Separation from Executive: The executive authorities should not possess the judicial powers. Consequently, upon its implementation, the role of executive authorities in judicial administration came to an end
Why constitutionally guaranteed judicial independence is a prerequisite of democracy?
֍ Judicial independence ensures accountability and good governance as it acts as a check on the executive and legislature.
֍ An independent judiciary is essential to serve as the final authority in constitutional matters, ensuring that the constitution is upheld as the supreme law of the land.
֍ Judicial independence ensures that all actions of the government, are bound by legal principles and the constitution. This prevents arbitrary exercise of power.
֍ Only an impartial and independent judiciary can ensure that citizens receive equal justice and are shielded from potential abuses by the government.
֍ Judicial independence acts as a safeguard against the concentration of power, preventing the executive from dominating all branches of government.
However, independence of judiciary should not mean that judges are free to do anything they wish. Being non-elected but trusted with the duty of defending the constitutional values, judiciary should display highest level of self-accountability to serve democracy and its ethos.
External link: https://en.wikipedia.org/wiki/Judicial_independence
