INDEPENDENCE OF JUDICIARY: PRANAV KAUSHAL

INTRODUCTION

“At the heart of any system based on the rule of law, there is a strong judicial system, independent and equipped with powers, financial resources, material and skills that are necessary to protect human rights within the framework of administering justice”.

The independence of Judiciary is one of the most integral parts of democracy, intending to shield and protect the judicial process from external influences and to provide full legal protection to all the individuals going to courts for whatever reason. Court is always expected to act as protectors of the law, who independently exercise their judicial power without any functional or individual interference. Such interferences usually come from legislative and executive officials, political parties, paramilitary and intelligent forces, criminal group and judicial hierarchy itself. An independent judiciary is an essential element for a free society and a constitutional democracy. Independent of judiciary means adjudication of a dispute with the assessment of the facts and application of law to the understanding of law without any improper inducement, pressure or any other guiding factor. Judiciary has a fiduciary relation with every single individual of any Society irrespective of its class or caste. Whether judiciary without being independent will be able to secure the concept of justice-Social, economic and political? The answer would always be no because a judiciary without being independent is like human body who is closed in that room where there is no oxygen. As we cannot live without oxygen similar a judiciary which is not independent cannot sustain and provide justice to masses. As rightly said by Martin Luther King-“Law and Order exist for the purpose of establishing justice and when they fail in this purpose they become dangerously structured dam that block the flow of social progress”, a judiciary without being independent become a dam that block the flow of social progress. Independence of judiciary ensures the rule of law and realization of human rights and also the prosperity and stability of a society. The impartial application of the rule of law demands independence of the judicial branch of government from the political branches of government. Though unarticulated but “rule of law” of is the aspiration of every single individual residing in society whether civilized or uncivilised.

NEED FOR INDEPENDENCE OF JUDICIARY

Can we thought to have words like Justice, Liberty, Equality, Fraternity, unity and dignity in action without having independence of Judiciary? We even can’t dream to have any of these words in the life of human existence without Independence of judiciary. Independence of Judiciary is very important facet to have democracy in free society. Therefore this is the reason why the framers of the Indian constitution at the time of framing the constitution of India were very much concerned to have independence of judiciary otherwise the term “fundamental rights” would become mere commodity or toy in the hands of political leaders. The Judiciary is many times referred as the custodian of Rights, Guardian of Constitution, Watchdog only an independent Judiciary could be regarded as these otherwise these words would lose its relevancy. In Judges Transfer case, the Honourable Supreme Court has held that “The concept of independence of the judiciary is a noble concept which inspires the constitutional scheme and constitutes the foundation on which rests the edifice of our democratic polity. If there is one principle which runs through the entire fabric of the Constitution, it is the principle of the rule of law under the Constitution; it is the judiciary which is entrusted with the task of keeping every organ of the State within the limits of the law thereby making the rule of law meaningful and effective.” This concern to have independence of judiciary was also responded by Dr. B.R. Ambedkar in the constituent assembly through words- “There can be no difference of opinion in the House that our judiciary must both be independent of the executive and must also be competent in it, and the question is how these two objects could be secured”. Now the question that arises is what made the framers of the Indian constitution to be very much concerned about to have Independence of judiciary? Thus the answer to this question lies in the basic understanding to secure the stability and prosperity of the nation as well society by guaranteeing Fundamental rights and it is only the independence of Judiciary that is going to guard and enforce those fundamental rights. Therefore for a country like India where there is diversity of religion and culture it is only and only the independence of judiciary which is upholding the pillar of democratic system in free society.“Democracy would not be functional if there is not an impartial body to review the state’s action as state can’t be the judge in its own cause”.

Judiciary acts as a watchdog by ensuring that all the organs of the state function within their respective areas and according to the provisions of the constitution. Judiciary acts as a guardian of the constitution and also aids in securing the doctrine of separation of powers. So independence of Judiciary is the basic requisite for ensuring the objectives of the constitution that is the-

JUSTICE, social, economic and political;
LIBERTY of thoughts, expression, belief, faith and worship;
EQUALITY of status and opportunity; and to promote among them all,
FRATERNITY assuring the dignity of individual and unity and integrity of the Nation

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