The question of independent of the tribunal has been a subject of heated
civil debates and compositions over the last multifold times. It has exercised
the minds of lawgivers, benches and politicians. Both the backers and the
opponents have compelling arguments in support of their views.
This question assume great account whenever the Supreme Court holds a particular
Act passed by the congress of the constitution or whenever Government supersedes
any person while making cabinetwork of the judges of the High Courts or the
The allies of absolute independence of the judicature argue that in the absence
of an independent judicature, republic can not succeed. Before we agitate how
independence of judicature is maintained in India, it's essential to explain
what do we mean by the term Independence of Judiciary
. In the words of Dr .V.K.
Rao, Independence of Judiciary has three meanings:
- The judicature must be free from encroachment from other organs in its
sphere. In this respect, it's called separation of powers. Our Constitution
makes the judicature absolutely independent except in certain matters where
the Administrative heads are given some powers of absolution.
- It means the freedom of judgments and free from legislative bar. In this
respect, our builtin position in not genuinely happy because the assembly can
in some compliment rundown the decision of the judicature by legislation. The
income assessment Correction act of 1954 is an case.
- The decision of the judicature shouldn't be affected by either the
administrant or the assembly it means freedom from both, fear and favor of
the other two organs.
Independence of Judiciary is challenged not because of avidity on the part of
the people to treat judges as favored members of the public services. It's
essential for maintaining chasteness of justice in the social system and
enabling them to earn public confidence in the administration of justice. The
first political guru, who bounced the idea of an independent bench, was
Montesquieu, the celebrated French guru.
He believed in the hypothesis of
separation of powers of the three branches of the Government these are
Legislature, Executive and Judiciary. The fathers of the American Constitution
were impressed by his hypothesis. They, hence established an independent bench
in the country. The American people have great faith in the independence of the
They're convinced that if any fetters are placed on the
independence of civil court, the rights and liberties of the people might be
compromised. In United Kingdom, nonetheless, the Parliament is supreme. The
Judiciary, here has not separated from the legislative. In fact, there the House
of Lords acts as the top Court of appeal. Though in U.K., the civil court has
not been independent or supreme, yet its judges have been giving determinations
without fear or favor on matters coming up before them. They've been independent
and fair in their Judgements.
The U.K. doesn't have a written constitution but
still its people enjoy no lower liberty than the Americans. In U.K. no major
clash between the congress and the high court has happened so far. In India, the
Constitution has spelt out the introductory rights of the people and made the
high court independent so that it can protect and uphold these rights. However,
the Supreme Court has constantly shown a high degree of independence in giving
its judgement, If experience is any companion.
Some of its judgements verily went against the Government. The Supreme Court is
held high estimation by the congress, the government and the people of India for
its function in fencing and guarding the rights and liberties of the citizens,
advising the government on complex immanent issues, allocating justice to the
people, awarding, authenticating, reducing or enhancing the comeuppance awarded
by lower courts to the culprits. Independence of Judiciary is sine guenon of
self government. In a self governing polity, the supreme power of state is
participated among the three principle organs innate functionaries namely the
innate task assigned to the Judiciary is no way minor than that of other
functionaries parliament and manager.
The constitutional task assigned to the
Judiciary is no way less than that of other functionaries legislature and
executive. Indeed it is the role of the Judiciary to carry out the
constitutional message and it is its responsibility to keep a vigilant watch
over the functioning of democracy in accordance with the dictates, directives,
and imperative commands of the constitution by checking excessive authority of
other constitutional functionaries beyond the ken of constitution.
Indeed it's the position of the Judiciary to carry out the native communication
and it's its responsibility to keep a watchful watch over the functioning of
self government in harmony with the dictates, directives, and imperative
commands of the constitution by checking unconscionable authority of other
native functionaries beyond the vista of constitution. So the Judiciary has to
act as the watcher. Our Constitution doesn't strictly hewed to the doctrine of
separation of powers but it does handover for distribution of power to insure
that one organ of the govt. doesn't fosse on the ingrain powers of other organs.
The distribution of powers generality assumes the corporeality of judicial
system free from external as well as internal presses. Under our Constitute the
Judiciary has been assigned the onerous task of covering the basal rights of our
citizens and upholding the Rule of Law. Since the courts are entrusted the duty
to uphold the constitution and the laws, it genuinely frequently comes in
conflict with the state when it dries to administer orders by exacting
obedience. hence, the need for an independent t and equitable Judiciary manned
by persons of sterling quality and character, underling courage and
determination and resolution even handedness and independence who would dispose
justice without fear fervidness, ill will or affection. Justice without fear or
fervidness, ill will or affection, is the cordial creed of our constitution and
a solemn assurance of every Judge to the people of this great country.
TThe constitution provides for a judiciary, which is independent. Independence
of judiciary is important for the purpose of fair justice. There should be no
interference by the legislature or the executive, in the proceedings of the
judiciary so that it may take a judgment that seems reasonably fair. In case of
intervention, there may be an element of bias on the part of the judges in
taking a fair decision. It is difficult to suggest any other way to make the
Indian courts more self reliant and keep them away from the influence of the
other two organs.
In spite of the foresaid, a growing unease is also being felt and expressed
about the accountability of the judiciary and its extensive and frequent
intrusion into the supposedly executive and the legislative domains. Although
accountability of judiciary should scrutinize the act of legislation and
executive are delicate controversial issues, the judiciary should not be left
The judiciary should not get attracted or tempted towards
correcting every wrong in the society, a role that society has never assigned to
it and it is not expected to perform the same. At all times the judiciary must
be getting popular approbation of its intrusion into the domain of the
legislature and the executive, but in the long run it may erode the very basis
and justification of its own independence and endanger it.
Written By: Rishabh Chaudhary
- Teerthanker Mahaveer University