“Constitutionally guaranteed judicial independence is a prerequisite of democracy.” Comment. (150 words)
Judicial independence is a cornerstone of democracy, ensuring that courts and judges can perform their duties without interference from other branches of government or external influences. This principle is crucial for upholding the rule of law and protecting individual rights and liberties.
- Constitutional guarantee: India’s Constitution enshrines judicial independence, allowing the judiciary to function without interference from other branches of government, such as in the appointment of judges with minimal interference.
- Separation of powers: Judicial independence is essential for maintaining the separation of powers in India, preventing the executive and legislative branches from encroaching on the judiciary’s authority.
- Rule of law: An independent judiciary is vital for upholding the rule of law in India, ensuring that all authority and power come from a legitimate source of law.
- Protection of individual rights: Independent courts in India safeguard the rights and privileges provided by the Constitution, preventing executive and legislative overreach, as demonstrated in the Right to Privacy case (Justice K.S. Puttaswamy v. Union of India).
- Impartiality: Judicial independence allows Indian judges to make unbiased decisions based on the law and facts of a case, without being influenced by political pressures or personal interests.
- Accountability: An independent judiciary in India holds the government accountable, ensuring that its actions are in compliance with the law, such as the Indian Supreme Court striking down the National Judicial Appointments Commission Act as unconstitutional in 2015.
- Public trust: An independent judiciary fosters public trust in the Indian legal system, as citizens can be confident that their rights will be protected and justice will be served impartially, with the judiciary seen as a beacon of hope during turbulent times.
In conclusion, constitutionally guaranteed judicial independence is a prerequisite for democracy, as it ensures the separation of powers, upholds the rule of law, and protects individual rights. An independent judiciary is essential for maintaining a fair and just society, where the rights of all citizens are respected and protected. The Indian judiciary has demonstrated its commitment to these principles, but it must remain vigilant against potential threats to its independence.
