INTRODUCTION
Independence of the Judiciary is one of the basic structures of the Indian Constitution and has also been recognized as a human right by International Conventions.
In our constitution, three organs of government are enshrined and each of these organs of government works independently even though they are inter-connected.
The Indian constitution wonderfully adopts the via media between the American system of Judicial Supremacy and the English Principle of Parliamentary Supremacy by endowing the Judiciary with the power to declare a law unconstitutional.
Thus, the makers of the Indian constitution were conscious of the very significant and special role assigned to the Judiciary in the scheme of the Constitution. It was envisaged as the organ of protecting the rights of the citizens, guaranteed under the constitution.
INDEPENDENCE OF JUDGES
Functional or Decisional Independence means the Independence of judges to arrive at their decisions without submitting to any inside it outside pressure.
Internal Independence means the Independence of judges from the Judicial Superiors and their colleagues.
Personal Independence means the judges are not dependent on the government in any way that might influence them in deciding particular cases.
Collective Independence means Institutional administrative and financial independence of the judiciary as a whole vis-a-vis other branches of government.
For the Rule of Law to prevail Judicial Independence is of absolute necessity. The Constitution of India has made several provisions to ensure the Independence of the Judiciary.
INDEPENDENCE OF SUPREME COURT JUDGES HOW SECURED
- ARTICLE 124(1)-Appointment of Judges is done by the President acting on the advice of the council of ministers, this has been lifted from the realm of pure politics by requiring the president to consult the Chief Justice of India.
- ARTICLE 124(4)-Judges of the Supreme Court shall not be removed by the president, except on joint address by the houses (by the special majority in each house) on the grounds to be proved misbehavior or incapacity of judges.
- ARTICLE 125(2) and 146(3)- By fixing the salaries of the Judges by the Constitution directly from the Consolidated Fund of India. Thus, allowances, leave and Pension may be determined by law made by the Parliament. Thus, cannot be changed in the disadvantages of the Judges.
- ARTICLE 124(7)-Laying that after retirement, a judge of the Supreme Court shall not plead or act in any court or before any authority within the territory of India.
INDEPENDENCE OF HIGH COURT JUDGES HOW SECURED
- Article 218-A judge of the high court shall not be removed, except in the manner provided for the removal of a judge of the Supreme Court.
- ARTICLE 202(3)(d)-expenditure in respect of the salaries and allowances of the judges shall be charged on the consolidated fund of the state,
- ARTICLE 221-the salaries payable to the judges and allowances or his rights in respect of absence or pension shall not be varied by parliament to his disadvantage after his appointment.
- ARTICLE 220-after retirement a permanent judge of the high court shall not plead or act in a court other than the high court in which he held his office.
CONCLUSION
Judicial independence is crucial for democracy. It upholds the rule of law, guaranteeing fair treatment for all before the courts. Independent judiciary prevents tyranny providing confidence in the legal system. Without it, the principles of democracy would be undermined, risking the rights and freedoms of citizens. Thus, safeguarding judicial independence is paramount for a healthy democratic society.