Introduction
Justice is the sole of a society. The key concept is that people must be treated fairly and transparently. A society has a law that governs with certain rules and regulations through which, the people of that society get justice. It plays a crucial role in keeping people united and maintaining equilibrium within society and prevent disarray. The judiciary is the bedrock of a civilized society. Its main aim is to establish an impartial justice system, maintain balance in society and punish the offenders and wrongdoers. Justice is the fundamental right of people from every section of society and providing it is the ultimate goal of the judiciary.
The judiciary is considered as the third pillar of democracy and it elucidates the laws framed by the legislature, applies them and safeguards the essence of the Indian constitution.
Independence of Judiciary: The foundation of justice
The independence of judiciary means that the judges and courts are free from from any kind of government or private influence or interference in providing justice. The primary purpose of this principle is to safeguard the rights of the citizens and protect the rule of law. It help to prevent the misuse of power and authority. An independent judiciary ensures that the judges can perform their duty fairly, without fear or favour an the decision solely based on the rule of law. It is an important aspect to preserve the essence of law and separate the judicial branch from all kinds of pressure from the executive, legislature or any other external force. There are various ways through which judicial independence can be secured and safeguarded.
- Security of tenure of judges: There are fixed aged of retirement of the judges that safeguard them from arbitrary dismissal that let them to pass judgement without any fear. Article 124(2) of the Indian constitution deals with the appointment process of judge of Supreme court which states that the judge of the Supreme Court can hold the office until they attain the age of 65 years. In the same way Article 217(1) deals with the appointment process of the judge of High Court which states that the judge of the High Court can hold the office until they attain the age of 62 years.
- Strenuous process of removal: The difficult process of impeachment of judges safeguards them from removal on the basic of political disagreement or interference of the executive of legislature. Article 124(4) of the Indian constitution deals with the removal process of the judges of the Supreme Court. The judges of both Supreme court and High court can only be removed by the order of the President which must be based on an address from both the Houses of Parliament.
- Power of judicial review : The courts has power to inspect the constitutionality of a law or decision of lower court and executive actions. Any law or order that inconsistent with the constitution declared void. Article 13 of the constitution gives the power of judicial review to the courts. The Supreme Court exercise this power under Article 32 and the High Court exercise this power under Article 226 of the Indian constitution.
- Punishment for contempt of court : The Supreme Court and the High Courts are considered as the court of record and they have power to punish themselves for contempt. The Supreme court hold this power under Article 129 as well as the High court hold this power under Article 215 of the Indian constitution.
- Judiciary separated from executive : According to Article 50, a Directive Principle of State Policy, it is essential responsibility of the sate to separate the judiciary and executive so that the judicial branch is completely free from any kind of influence from the executive in the public service of the states.
- Basic structure doctrine : This doctrine plays a major role in safeguarding the constitution and states that the basic certain fundamental features can not be amended. The independent judiciary recognized as the basic structure of the constitution.
The Supreme Court establish the basic structure doctrine in the landmark case of Keshvananda Bharati v. State of Kerala in 1973. The court states that the legislature have to follow this doctrine while amending the constitution. The 13 judge bench held that the state is obligated to follow the fundamental rights that is granted to the citizens and it can not be changed by the Parliament.
Significance of Judicial Independence
Protects fundamental rights – Independent judiciary protects the fundamental rights that the constitution guarantees to the citizens in Part ||| from Article 12 to 35. Judges can strike down the laws that violates the basic fundamental rights and act as guardians of the justice.
Promotes equality – This highlights that the judiciary treats every one equally and provides equal protection of law that means that the law is same for everyone, from the highest official to a common person. The court does not consider wealth, political power or social position in deciding a case and do not give any privilege to anyone based on it.
Maintain public confidence – When the judiciary is independent, people trust more on court and justice system. The impartial judiciary is necessary to create a belief system on judicial decisions.
Promotes fair trials – Independent judiciary prevents abuse of authority by providing fair trials and decides cases based on evidence not on political influence or biasness.
Interdependence of Judiciary : The Reality of Justice
Judicial interdependence is a crucial term in justice field. The judiciary does not work alone but it exist in a structure of separation of powers. The power is divided among different branch and each branch checks each other which is known as checks and balance system. The judicial branch is also accountable to other parts of the state. The various terms of judicial interdependence are as follows:
- Amendment power : The legislature enacts the law and had power to amend it, then the judiciary interprets and applies that maintain a balance of power among all the branches.
- Executive involvement : The judiciary required executive to enforce its decision or rulings and that`s way the judiciary shows dependency on the executive branch of government. It is a fundamental principle of democracy. The judiciary gives decisions but it relay on executive to implement those decisions effectively.
- Accountability: There are various mechanism for accountability that shows the dependency of the judiciary on other branches which is essential for fair justice. For instance impeachment, appellate review, judicial review, public security and media. Even the judiciary has not right to exercise its power over a limit set by Constitution.
Significance of Interdependent Judiciary
Avert judicial overreach : Judicial interdependence prevents judiciary from taking decisions beyond any limit. It stops judiciary from becoming a unchecked and dictatorial body that could harm the public interest.
Prevents threat to fundamental rights : It ensures that the fundamental and legal rights of the public can be protected and judiciary does not takes any step against society and function smoothly.
Ensure democracy : All the branches of government are dependent on each other and checks on each other , this interdependence built a foundation of democracy as all of them are accountable to each other and the people of the country.
Conclusion
In conclusion, both the independent and interdependent judiciary are important aspect of the judicial system. The independent judiciary is necessary to form a domain where judges can work without any fear and influence. The interdependence of the judiciary barred the judges from taking tyrannic decisions. Both works simultaneously and helps to establish fair judicial system in nation.
Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India
