4.2 - What is an Independent Judiciary

An independent judiciary refers to a system of courts that is separate from the other branches of government (executive and legislature). It ensures that the judiciary can make decisions based solely on the law, free from interference or pressure from the government or other external forces. The principle of judicial independence is fundamental to the rule of law and the protection of individual rights.

The judiciary, as an independent body, plays a crucial role in ensuring the proper functioning of democracy. It checks the powers of the executive and the legislature, ensuring that laws and government actions do not violate the Constitution or citizens' rights. Judicial independence helps in maintaining a balance between various branches of government, preventing the concentration of power in one institution.

The main features of an independent judiciary include:

• Separation of powers: The judiciary is separate from the executive and legislative branches of government. This ensures that judges can make impartial decisions without political or governmental pressure.
• Security of tenure: Judges, especially those in higher courts like the Supreme Court and High Courts, have security of tenure, meaning they cannot be easily removed from their positions. They can only be removed through a rigorous process of impeachment, which is difficult to carry out. This protects judges from political influence.
• Judicial review: Courts have the power of judicial review, which allows them to examine the constitutionality of laws and government actions. If a law or action is found to be unconstitutional, the court has the authority to strike it down.
• Independence in decision-making: Judges must make decisions based on the law and the Constitution, without fearing retribution or interference from other branches of government. This ensures that justice is delivered fairly and impartially.
• Transparent procedures: The judiciary operates transparently, with open trials and procedures that allow citizens to witness justice being done. This helps maintain public trust in the system.

In India, the Constitution guarantees an independent judiciary under Articles 124 to 147. Article 124 provides for the establishment of the Supreme Court, which is the highest judicial authority in the country. It also outlines the process of appointing judges to the Supreme Court and their tenure. The Chief Justice of India and other judges are appointed by the President, but their removal requires a special procedure, making the judiciary independent of the executive.

Article 50 of the Indian Constitution states that the state should take steps to separate the judiciary from the executive. This reflects the importance of judicial independence as a safeguard against arbitrary use of power by the executive branch.

The Indian judiciary has the power to review laws made by the legislature. This process is known as judicial review. If a law is inconsistent with the Constitution, the judiciary has the authority to declare it void. This power helps prevent any violation of fundamental rights guaranteed under Part III of the Constitution.

Another important aspect of an independent judiciary is the principle of impartiality. Judges must base their decisions only on the facts of the case and the law, without any personal bias or external influence. This ensures fairness in the justice system.

For example, in cases involving government officials, an independent judiciary ensures that justice is done without favoritism. If the judiciary were not independent, it could be influenced by political considerations, leading to unfair judgments.

Thus, an independent judiciary plays a key role in maintaining democracy, ensuring justice, and protecting individual rights. It is one of the cornerstones of the Indian legal system and a fundamental part of the Constitution's design to maintain the rule of law.