File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Effect Of Amendment Procedure Of Constitution On Independence Of Judiciary

This study explores the vital role that an impartial judiciary plays in constitutional democracies and how important it is to maintaining peace, prosperity, and the preservation of human rights. The study, which focuses on the Indian legal system, looks at the conventions, laws, treaties, and constitutional protections that support the judiciary's independence. It underlines how important it is to have a supporting atmosphere established by the public and all branches of government in order to maintain judicial independence in the face of changing social, political, and economic conditions.

The article places a lot of emphasis on judicial instruments in the Indian setting, namely judicial activism and judicial review. It draws attention to the judiciary's power to examine laws or executive orders that violate fundamental rights and to the crucial role that judicial activism plays in interpreting and shaping the Indian Constitution.

A constitutional democracy and a free society necessitate an independent judiciary. It guarantees a society's prosperity and stability in addition to the application of the law and the achievement of human rights.3. Although the constitution typically guarantees the independence of the court, other appropriate norms and practices, legislation, and treaties may also serve this purpose.

In the end, the entirety of a supportive environment established and supported by every one of the state organs, including the judiciary and the public opinion, determines the independence of the court. The judiciary's independence must also be continuously protected from unforeseen circumstances and shifting social, political, and economic environments since it is too delicate to be left unprotected.

India has enacted a liberal constitution in the style of the Euro-American tradition with the goal of creating a society that is free and democratic.

Additionally, the stability and prosperity of society are its goals. Its creators thought that by guaranteeing fundamental rights and establishing an independent court to uphold and defend those rights, such a society might beestablished. As a result, the Indian Constitution's founders approached these two issues with the same degree of idealism.

Definition of Independence of Judiciary
Judicial independence refers to the capacity of judges and court officials to carry out their functions without interference or oversight from other parties, whether they public or private. The phrase is also used normatively to describe the level of independence that judges and courts should have.

The State will ensure the independence of the judiciary, and it will be codified in the nation's Constitution or other legal documents. All governmental and non-governmental organizations have an obligation to uphold and respect the judiciary's independence.

In order to guarantee that the Constitution's provisions are properly applied, the court has interpreted it.

Judicial Review: The judiciary's ability to use judicial review is one of its most significant tools for influencing and interpreting the Indian Constitution. Any statute or executive action that the judiciary determines to be in contravention of the Constitution's provisions may be reviewed by the court. This authority is used by the judiciary to declare a statute or executive action unconstitutional through the process of judicial review.

The Indian Constitution was shaped in large part because to this judicial review authority, which also helps to guarantee that the Constitution's provisions are carried out as intended.

Judicial Activism: Through its activism, the Indian court has played a significant role in influencing the Constitution.

In order to guarantee both the successful implementation of the Constitution's provisions and the protection of people' rights and freedoms, the judiciary has taken the initiative in interpreting the document.

Judicial Overreach: The Supreme Court has frequently faced accusations that its rulings amount to judicial legislation. This occurs when they take on the authority of the legislative under the pretense of establishing standards and principles. For example, the Supreme Court has limited the legislature's ability to enact and alter legislation by establishing the fundamental structure doctrine. The judiciary has also been charged with encroaching on other branches' authority through the collegiums system.

The judiciary's primary role is to interpret the law; it is not as important to pick judges carefully.Case in which amendment effect Judicial Independence In the landmark judgement case which is also known as The Fourth Judge Case is the moniker given to this historic ruling. It began with a series of petitions contesting the constitutionality of the National Judicial Appointments Commission Act of 2014 (NJAC Act) and the Constitution (Ninety-Ninth Amendment) Act of 2014 (99th Amendment).

These Acts aimed to establish the National Judicial Appointments Committee (NJAC) in place of the current collegium system for appointments to the upper courts. The NJAC suggested giving the executive branch more authority to nominate judges. This was purportedly done to provide accountability and openness to the selecting process. The 99th Amendment and the NJAC Act were declared unconstitutional by a majority of 4:1 after the Court determined that the NJAC violated the principles of the separation of powers and judiciary independence that were integral to the fundamental framework of the Constitution.

The Constitution Bench, consisting of five judges, made this decision. Justice Lokur raised concerns about the NJAC's lack of openness and accountability, noting that both the NJAC Act and the 99th Amendment left unresolved questions about the privacy of those applying to be appointed as judges. He came to the conclusion that the NJAC Act and the 99th Amendment, which were intended to provide openness to the previously closed-door collegium system, failed to strike a compromise between the candidates' right to privacy and the public's right to know. By doing this, he recognized that there is an implied basic right to privacy that will be subject to safeguards.

The case of P Kannadasan v State of Tamil Nadu established that the Constitution confers the authority on Constitutional Courts to nullify laws passed by Parliament and state legislatures that exceed constitutional bounds. The legislature cannot pass a statute saying that the court's ruling will not be implemented or that it will be overturned in the event that a court rules that an act passed by the legislature is invalidated due to parliamentary incompetence. However, this does not preclude the legislature, which possesses the authority to pass legislation, from doing so. In a similar vein, the legislature has the option to change the judgment's foundation. The new or revised statute may be contested on other grounds, but not for the purpose of attempting to overturn or evade the court's ruling.

This is the meaning of the "checks and balances" a system of government with the division of powers has.Although the rigorous division of powers that was envisioned in the traditional sense is no longer feasible, the reasoning underlying this theory is still sound. This doctrine's reasoning is based on polarity rather than rigid categorization, which means that in order to prevent absolutism, the center of power must be distributed. Therefore, it would be more accurate to describe the theory as a doctrine of checks and balances.

Chandrachud J. made the following observation on Indira Nehru Gandhi's case "No Constitution may endure absent an intentional adherence to its fine checks and balances." In the same way that courts shouldn't become involved in issues that are entangled in politics, Parliament must respect the jurisdiction of the courts. "Has in it the principle, inmate in the prudence of self-preservation; that flexibility is the better part of valour" is the concept of restraint that underpins the division of powers.

What is Amendment
An amendment is a modification or addition to the text of a constitution. Constitutional amendments are typically designed to reflect changes in society, correct deficiencies in the original document, or address new issues that may have arisen since the constitution was first adopted.

The process of amending a constitution varies from country to country but often involves a deliberate and formal procedure. This procedure is usually more rigorous than the ordinary legislative process to emphasize the significance of constitutional changes. It may include requirements such as approval by a supermajority in the legislature or a special constitutional convention, and sometimes ratification by the public through a referendum.

Amendments can cover a wide range of issues, including civil rights, the structure of government, the distribution of powers, and other fundamental aspects of a legal system. The ability to amend a constitution is seen as a way to ensure that the legal framework of a society remains relevant and adaptable to changing circumstances over time.

Procedure of Amendment
The ability of the parliament to alter the constitution and its processes is covered in Article 368 of Part XX of the Constitution.

It says that any provision in the Constitution may be added to, changed, or repealed by the Parliament by following the procedures established for thatpurpose.Nevertheless, certain clauses that make up the "basic structure" of the Constitution are unamendable by the Parliament. The Supreme Court made this decision in the Sadananda Bharati case in 1973.

Minority Amendment in Simple Form
A simple majority, or more than half of the members present who vote on the amendment, is required to change several provisions of the Constitution. This category includes, among other things, revisions pertaining to the admittance of a new state under Schedule IV and Article 11.

Special Amendment by Majority
A special majority (66%) of at least two-thirds of the members present and voting in that House may amend certain articles of the Constitution. Examples of situations in which the Special Majority Amendment is used approving constitutional amendments without compromising the Indian Constitution's fundamental framework.

Removal of Judges from High Court or Supreme Court National Emergency.

Historic Amendments
The First Amendment Act of 1951, amended the freedom of speech and expression and added the Ninth Schedule to protect certain laws from judicial review.

The Seventh Amendment Act of 1956, reorganized the states of India on linguistic lines.

The Ninth Amendment Act of 1960, recognized the right to property as a fundamental right.

The Twenty-Fourth Amendment Act of 1971, abolished the privy purse and abolished the privy council as a court of appeal for the princely states. The Thirty-Ninth Amendment Act of 1975, recognized Sikkim as a state of India. The Forty-Second Amendment Act of 1976, amended several provisions of the Constitution, including the Preamble, and added the words �secular� and �socialist� to it.

The Seventy-Third Amendment Act of 1992, recognized the rights of the scheduled castes and tribes to participate in local self-governance.Challenges faced by the Judiciary Lack of Transparency: The legal system is exempt from the provisions of the Right to Information Act. Important aspects of the Indian legal system's operation, such the system's accountability and fairness, are not well known to the country's population. It's also imperative that judges be appointed transparently. The freedom of speech and expression, which includes the right to information, is guaranteed by the Constitution. Nonetheless, this fundamental entitlement is violated by the existing system.

Security Concerns: Judges and court officials may face security threats, particularly in cases involving organized crime, political controversies, or sensitive issues. Ensuring the safety of the judiciary is a critical concern. Adaptation to Changing Laws and Society: The law is dynamic, and judiciaries must adapt to changes in legislation and societal norms. Keeping the legal system updated and responsive to evolving challenges requires ongoing education and training for judges.

The essay concludes by highlighting the critical role that an impartial court plays in maintaining the fundamental values of a constitutional democracy and promoting a free society. It highlights that while judicial independence may be guaranteed only by the constitution, public opinion and state institutions must foster a conducive atmosphere in order for judicial independence to continue. Because of its fragile character, judicial independence needs constant defense against unanticipated events and shifting social, political, and economic landscapes.

India hopes to create a democratic and free society that promotes stability and prosperity, drawing inspiration from the liberal constitution of the Euro- American past. The protection of basic rights and the creation of an impartial court dedicated to preserving and protecting those rights were how the founding fathers intended to accomplish this.

The definition of judicial independence emphasizes the court's ability to operate free from outside intervention. It is emphasized that all organizations, both governmental and non-governmental, have an obligation to preserve andrespect the independence of the judiciary, which must be guaranteed by the state.

The book examines important instruments that the Indian judiciary uses, such judicial activism and judicial review, which are crucial for understanding and influencing the Constitution. It also addresses the issue of judicial overreach, which has given rise to claims that the court is infringing on legislative power. The judiciary's role in preserving its independence is best shown by the historic case known as The Fourth Judge Case, which involved the challenge to the NJAC Act and the 99th Amendment. The majority ruling, which ruled these actions unlawful, emphasizes how crucial it is to preserve the judicial independence and division of powers, which are essential components of the constitutional order.

The judiciary faces a number of difficulties, such as a lack of openness, security issues, and the requirement to change with the times in order to comply with evolving legal and social standards. These difficulties serve as a reminder of the continuous work needed to preserve the integrity and efficacy of the legal system.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly