DMPQ- Explain the importance of an Independent judiciary and describe the constitutional provisions to ensure the independence of Judiciary.

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Need of Independent judiciary:

  1. To have rule of law
  2. Ensure constitutional ethos and values remain intact.
  3. Prevent whims and fancies, arbitrariness of Legislature and Executive
  4. To do complete Justice
  5. Act as a ray of hope if executives and legislature fail to deliver on democratic and constitutional principles, values and ethos.
  6. Ensure Fundamental rights are not infringed.
  7. Justice delivered shall be free from biasedness and have elements of equity, fairness, reasonableness
  8. All the stakeholders of democracy can be heard in the court of law, it can be ensured by having an Independent Judiciary only.

 

Constitutional Provisions for independent Judiciary:

  • Security of Tenure:

The judges of the Supreme Court and High Courts have been given the security of the tenure. Once appointed, they continue to remain in office till they reach the age of retirement which is 65 years in the case of judges of Supreme Court (Art. 124(2)) and 62 years in the case of judges of the High Courts (Art. 217(1)).

  • Salaries and Allowances:

 

The salaries and allowances of the judges is also a factor which makes the judges independent as their salaries and allowances are fixed and are not subject to a vote of the legislature.

  • Powers and Jurisdiction of Supreme Court:

Parliament can only add to the powers and jurisdiction of the Supreme Court but cannot curtail them. In the civil cases, Parliament may change the pecuniary limit for the appeals to the Supreme Court. Parliament may enhance the appellate jurisdiction of the Supreme Court.

 

  • Making judiciary independent:

 

No discussion on conduct of Judge in State Legislature / Parliament: Art. 211 provides that there shall be no discussion in the legislature of the state with respect to the conduct of any judge of Supreme Court or of a High Court in the discharge of his duties.

  • Power to punish for contempt:

Both the Supreme Court and the High Court have the power to punish any person for their contempt. Art. 129 provides that the Supreme Court shall have the power to punish for contempt of itself. Likewise, Art. 215 lays down that every High Court shall have the power to punish for contempt of itself.