Reframing the Context
The Independence of the Judiciary is a cornerstone of the Constitutional Democracy of India. The judiciary acts as the guardian of the Constitution and the protector of fundamental rights of citizens. To perform this role effectively, it must remain free from the influence of the executive, legislature, political bodies, and external pressures. The Constitution of India recognizes this important requirement and has incorporated various provisions to ensure that the judiciary functions objectively, impartially, fearlessly, and without bias.
The framers of the Constitution, including Dr. B.R. Ambedkar, highlighted that judicial independence is essential to maintain the Rule of Law, a fundamental principle that ensures no one—not even the State—is above the Constitution. Articles such as Articles 124 to 147 for the Supreme Court and Articles 214 to 231 for the High Courts provide a strong constitutional foundation for the judiciary. These articles aim to secure independence both institutionally and individually for judges, ensuring that justice is delivered fairly, transparently, and without fear or favour.
Meaning and Essence of Judicial Independence
Judicial Independence does not mean that judges can act arbitrarily or without accountability. Instead, it signifies that courts and judges must be free from undue influence and interference while interpreting and applying the law. The independence of the judiciary involves two aspects:
- Institutional Independence:
The judiciary as an institution must be free from political pressure and influence. No other organ of the government should dictate how the judiciary functions. - Individual Independence:
Each judge must have the freedom to decide cases independently, without fear of transfer, removal, or external intimidation.
The Supreme Court in S.P. Gupta v. Union of India (1981) observed that judicial independence is an essential feature of the basic structure of the Constitution. Similarly, in the landmark Kesavananda Bharati v. State of Kerala (1973) case, the Court made it clear that the independence of judiciary cannot be taken away even through constitutional amendments. These rulings affirm that judicial independence is not merely a constitutional principle but a permanent structural safeguard against the misuse of power.
Constitutional Safeguards to Maintain Judicial Independence
India follows a multi-layered system of safeguards to protect judicial independence. These safeguards include appointment, security of tenure, salary protection, removal procedures, and freedom from criticism in judicial functioning.
1. Secure Method of Appointment
- Judges of the Supreme Court and High Courts are appointed under Articles 124 and 217.
- The Collegium System, evolved through the Three Judges Cases (1993, 1998, 2015), ensures that judicial appointments are made primarily by senior judges themselves, not the executive.
- This removes the possibility of political interference in judicial selection.
2. Security of Tenure
- Judges of the Supreme Court hold office until the age of 65, and High Court judges till 62.
- They cannot be removed at the will of the government.
- Removal requires a rigorous impeachment process under Article 124(4), involving both Houses of Parliament and proved grounds of misconduct or incapacity.
3. Fixed Salaries and Service Conditions
- The salary and post-retirement benefits of judges are charged upon the Consolidated Fund of India and cannot be reduced to their disadvantage (Article 125).
- This ensures that judges are not financially pressured by the government.
4. Prohibition on Practice After Retirement
- Supreme Court judges cannot practice in any court after retirement.
- High Court judges cannot practice in the courts where they served.
- This prevents conflicts of interest and maintains judicial dignity.
5. Judiciary’s Control Over Its Internal Affairs
- The judiciary controls the administration of courts, roster system, case assignments, and disciplinary proceedings within the judicial institution itself.
- This autonomy strengthens internal institutional independence.
6. Protection of Judicial Actions
- Under Articles 129 and 215, the Supreme Court and High Courts have the power to punish for contempt, ensuring respect toward judicial authority.
Role of Judiciary as Guardian of Constitution
The judiciary ensures that:
- Fundamental Rights are protected through Article 32 (Right to Constitutional Remedies).
- Actions of the government are reviewed through Judicial Review (Article 13).
- Constitutional values remain supreme and democratic functioning continues.
The Supreme Court, through various landmark judgments, has maintained the delicate balance of power among the three organs of the State. For example:
- In S.R. Bommai v. Union of India (1994), the judiciary limited misuse of President’s Rule.
- In Minerva Mills v. Union of India (1980), the Court safeguarded the Basic Structure Doctrine.
These decisions reflect the judiciary’s role as the sentinel on the qui vive—the vigilant guardian of constitutional morality.
Mnemonic to Remember Safeguards: “A-T-S-R-C-J”
| Alphabet | Meaning | Explanation |
|---|---|---|
| A | Appointment | Independent Collegium system |
| T | Tenure | Judges cannot be removed easily |
| S | Salary Security | Salary charged on Consolidated Fund of India |
| R | Restrictions | No post-retirement practice in relevant courts |
| C | Contempt Power | Courts can punish for contempt to protect authority |
| J | Judicial Review | Courts ensure no law or action violates the Constitution |
Mnemonic Sentence: “A Tiger Saw Royal Courts Judging.”
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