Model Answer
0 min readIntroduction
Democracy, at its core, is a system of governance founded on the principles of popular sovereignty, political freedom, and the rule of law. A cornerstone of any functioning democracy is an independent judiciary. Judicial independence, meaning the judiciary’s ability to perform its duties free from influence or interference, is not merely a procedural requirement but a substantive element essential for safeguarding the rights of citizens and maintaining the constitutional order. The recent debates surrounding the appointment of judges and concerns about executive overreach underscore the continuing relevance of this constitutional guarantee.
Defining Key Concepts
Judicial Independence: This refers to the principle that the judiciary should be able to interpret and apply the law without fear of reprisal or undue influence from the executive or legislature. It encompasses financial autonomy, administrative control, and functional freedom.
Democracy: A system of government where power is vested in the people and exercised directly by them or through freely elected representatives. Key features include free and fair elections, protection of civil liberties, and the rule of law.
Prerequisites of Judicial Independence
- Financial Independence: The judiciary must have control over its budget and resources, free from dependence on the executive. Article 110(3) of the Constitution deals with budgetary provisions, but the judiciary’s financial autonomy has often been a point of contention.
- Administrative Independence: The judiciary should have the authority to manage its own administrative affairs, including the appointment and transfer of judges, without interference from the executive. The collegium system, though debated, aims to ensure this.
- Functional Independence: Judges must be free to decide cases based on the law and evidence, without fear of political repercussions or pressure from other branches of government. This includes security of tenure (Article 124(4) provides for judges’ terms and removal process).
Why Judicial Independence is a Prerequisite for Democracy
Judicial independence is fundamental to democracy for several reasons:
- Upholding the Rule of Law: An independent judiciary ensures that everyone, including the government, is subject to the law.
- Protecting Fundamental Rights: The judiciary acts as a guardian of fundamental rights enshrined in Part III of the Constitution. Landmark cases like Kesavananda Bharati v. State of Kerala (1973) demonstrate the judiciary’s role in safeguarding constitutional principles.
- Resolving Disputes Impartially: An independent judiciary provides a neutral forum for resolving disputes between citizens, and between citizens and the state.
- Checking Executive and Legislative Power: Judicial review, the power of the judiciary to examine the constitutionality of laws and executive actions, acts as a check on the other branches of government.
- Maintaining Public Trust: A fair and impartial judiciary fosters public trust in the legal system and the democratic process.
Consequences of Eroding Judicial Independence
When judicial independence is compromised, it can lead to:
- Arbitrary Exercise of Power: The executive and legislature may act without restraint, leading to abuse of power.
- Violation of Human Rights: Fundamental rights may be violated without effective legal recourse.
- Erosion of the Rule of Law: The legal system loses its credibility and effectiveness.
- Political Instability: Lack of faith in the justice system can lead to social unrest and political instability.
The Emergency (1975-77) serves as a stark reminder of the dangers of compromising judicial independence, with several judges being superseded and fundamental rights curtailed.
Conclusion
In conclusion, constitutionally guaranteed judicial independence is not merely a desirable feature of democracy, but an absolute prerequisite. It is the bedrock upon which the rule of law, protection of fundamental rights, and the very legitimacy of the democratic process rest. Constant vigilance, institutional safeguards like the collegium system (despite its flaws), and a commitment to upholding the separation of powers are essential to preserve this vital pillar of our constitutional framework and ensure a vibrant and functioning democracy.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.