Significance of Independent Judiciary

Significance of Independent Judiciary

**Author :- Azhar Ahmad Khan (Law student at Integral University, Lucknow)

Introduction

An independent judiciary is the sine qua non of a vibrant democratic system. Only an impartial and independent judiciary can stand as a bulwark for the protection of the rights of the individuals and mete out even handed justice without fear or favor. The judiciary is the protector of the Constitution and, as such, it may have to strike down executive, administrative and legislative acts of the Centre and the states. For Rule of law to prevail, judicial independence is of prime necessity. The independence of the judiciary is normally assured through the Constitution but it may also be assured through legislations, conventions and other suitable norms and practices. The constitutions or the foundational laws on judiciary are however, only the starting point in the process of securing judicial independence. Ultimately the independence of the judiciary depends on the totality of a favorable environment created and backed by allstate organs including the judiciary and the public opinion. The independence of judiciary also needs to be constantly guarded against the unexpected events and the changing social, political, economic conditions; it is too fragile to be left unguarded. In India, the question of independence of the judiciary has been a subject of heated national debate over the last many years. It has exercised the minds of legislators, jurists, politicians and the laymen. Both the supporters and the opponents have cogent arguments in support of their views. This question assumes great importance whenever the Supreme Court holds a particular Act or particular Clause of an Act passed by Parliament ultra vires of the Constitution.

Independent Judiciary

Judicial Independence is a fundamental principle that lies at the core of a fair and functioning legal system. It refers to the freedom of judges to make decisions without undue influence, pressure, or interference from external entities. The importance of judicial independence cannot be overstated, as it ensures the rule of law, protects individual rights, promotes accountability, and fosters public trust.

Significance of judicial independence in upholding a just society

• Rule of law:
  An independent judiciary is important for the protection of state law and fair judicial administration. The judiciary's function is to interpret the Constitution and laws and ensure that the executive and legislature make decisions in accordance with them.
   

• Protection of citizens' rights:
  An impartial and independent judiciary safeguards individual rights and delivers impartial justice without any fear of repercussions.
   

• Prevent arbitrary acts:
  The independent judiciary plays a critical role in regulating the administration's arbitrary actions. It provides redressal to those who have been harmed by the administration's unlawful actions.
   

• Prevent autocracy:
  Judicial independence is necessary to prevent a democracy from turning into a dictatorship. A democracy would turn into a dictatorship because the government would be able to do whatever it wishes without checks on its limits.
   

• Fair elections:
  The judiciary's role in determining the legitimacy of presidential, vice presidential, parliamentary, and state legislative elections needs its independence. Therefore, it safeguards the principle of universal adult franchise.
   

• Accountability to the people:
  The democratic principle of accountability relies heavily on judicial independence. It helps to keep the executive and legislature accountable to the people of the country through judicial activism and judicial review.
   

• Interpretation of Constitution:
  Without an independent and impartial arbiter of constitutional issues, a written constitution can hardly be effective in practice. Also, it is necessary to restrain governmental organs from exercising powers that may not be sanctioned by the Constitution

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Conclusion

Judicial independence serves as a vital pillar of a just and democratic society. It upholds the rule of law, protects individual rights, maintains checks and balances, fosters public trust, promotes consistency within the legal framework, and contributes to the international reputation of a country. A robust and independent judiciary is essential for ensuring that justice is served impartially, providing citizens with the confidence that their rights will be protected and the law will be applied fairly. Upholding and strengthening judicial independence must remain a priority to safeguard the principles upon which our societies are built.