Importance of Independence of Judiciary for Indian Constitution

Importance of Independence of Judiciary for Indian Constitution

Question: Recently, NJAC has created a controversy regarding the independence of the judiciary. Discuss the importance of independence of the judiciary for the Indian constitution.

The Indian Constitution has given great importance to the independence of the judiciary system

• Independence of the judiciary means that it should be free from influence or control of either the legislature or the executive

• This creates an impartial environment where judges have the freedom to deliver verdicts without pressure

• While is the US, there is separation of powers to ensure independence of the judiciary, in India the doctrines of Parliamentary and constitutional sovereignty coexist together

• The Indian Constitution has diverse devices to ensure judiciary’s independence which are as follows

• First, SC and HC judges take oath before assuming office that they will defend the Indian Constitution and its laws. Recognition of doctrine of constitutional sovereignty is given in this oath

• Judges of SC and HC are appointed by the President in consultation with highest judicial authorities

• Constitution also makes conditions for qualifications for such appointments so that they are not biased by political considerations

• SC and HC judges serve in “good behaviour” and not during the pleasure of the President

• Judges can be removed from office through impeachment

• Judges cannot engage in legal practice beyond the 65th year of age

• Hierarchy of the Indian judicial system plays a critical role in judicial independence

Facts and Stats

• SC is the highest court for justice

• Then there are HC and District Courts

• Finally, there are people’s courts called Lok Adalats wherein case moves to higher courts if no decision is reached here