Question

What do you mean by independence of judiciary?

Hint:

For a comprehensive answer, always mention that judicial independence is not just for the benefit of the judges but is essential to guarantee justice for the citizens and to uphold the supremacy of the Constitution.

Answer 1

Step 1: Key Concept:
The independence of the judiciary means that the judicial branch of the government should be free from any improper influence from the other branches of government (the executive and the legislature) or from any private or partisan interests. This allows judges to make decisions based solely on facts and the law.
Step 2: Detailed Explanation:
Independence of the judiciary is a cornerstone of a democratic system and the rule of law. It implies two main aspects:
1. Institutional Independence: The judiciary as an institution must be separate from the executive and legislature. This separation of powers prevents the other branches from interfering with judicial functions.
2. Individual Independence: Individual judges must be able to decide cases impartially, without any fear or favour. Their decisions should not be influenced by political pressure, public opinion, or personal interests.
The Indian Constitution ensures the independence of the judiciary through several provisions, such as:
- Security of Tenure: Judges of the Supreme Court and High Courts can only be removed through a difficult process of impeachment.
- Fixed Service Conditions: Their salaries and allowances are fixed and cannot be changed to their disadvantage during their term.
- Contempt of Court: The judiciary has the power to punish for its contempt, which protects it from unfair criticism.