Independency of judiciary

“Injustice anywhere is threat to justice everywhere. ” - Martin Luther King

INTRODUCTION

Judiciary is one of the most important pillars of democracy so that people get the justice. For this purpose Judicial independence is a must. By Judicial independence we mean, that judicial process is free and under no pressure from legislature or executive while giving any decisions. Independence of Judiciary is one of the pillars on which the rule of law stands.

ANALYSIS

The three limbs of Democracy are the legislature, executive and the judiciary. The first formulates policy and enacts it as law, the second carries out policy in action and the third applies the law according to rules of procedural justice and resolves disputes. Judiciary is that organ of the government which dispenses justice. To guarantee freedom, the hallmark of democracy, these three powers must be separated as much as possible and balanced against each other.Indian Judiciary, one of the most powerful and significant organ of the government, the interpreter and protector of our constitution where citizens expect a fair justice. Judiciary safeguard of our property, our liberty and our freedoms and rights. When the judicial functionary can work without any pressure and without any interference from any other organ then it will give the right decision without any influence. For a democracy like India.

The framers of the Constitution enshrined various provision in our Constitution to secure the independence of the judiciary. Some of them are as under: 

The judges are appointed by the President after consultation with judicial authority. The security of tenure is guaranteed to every judge. A judge of Supreme Court or High Court can be removed only on the ground of proved misbehavior or incapacity. The President can remove a judge after an address presented to him by each house of Parliament. The salaries and allowances of the judges are not put to the vote of the Legislatures. The administrative expenses including salary allowances and pensions of the Supreme Court and High Court judges are charged to the consolidated fund of central and the states respectively. The conduct of the judges of Supreme Court and High Courts in the discharge of their duties shall not be discussed in legislature.

The framers of the Constitution established independent and impartial judiciary in India.

But the image of judiciary in its functional aspect is not fully independent. The establishment of the independent judiciary remains more in the textbook of our Constitution. But practically the power of President to appoint judges is purely formal because in this matter he acts on the aid and advice of Council of Ministers. The transfer of judges of the higher judiciary also affects the independence and functioning of the judiciary. But there is no effective safeguard against the abuse of this power by the Government. It is alleged that things have not changed even after about 68 years of independence of India.

CONCLUSION. 

It is expected of the Judiciary to deliver judicial justice and not partial or committed justice. 

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.  If the judiciary is not independent, the other organs may pressurize the judiciary to interpret the provision of the constitution according to them. Judiciary is given the job to interpret the constitution according to the constitutional philosophy and the constitutional norms.

In order to play this role effectively, the courts must be independent of the other branches.

The Independence of Judiciary is a sine qua non for any democratic country, in that, the Judiciary detaches itself from the whims and caprices of the Executive, and the Legislature. It instills public confidence in the administration of justice.  that the Judiciary is the last hope of the common man!

The author can also be reached at brpandaadv@gmail.com