Q.  “Constitutionally guaranteed judicial independence is a prerequisite of democracy.” Comment.

Model Answer: 

Judicial independence refers to the ability of courts to function without interference or influence from other branches of government or external entities. This concept is fundamental to the separation of powers, a key feature of democratic systems.

The Indian Constitution safeguards judicial independence through various provisions:

1. Appointment process: Judges of the Supreme Court and High Courts are appointed through a collegium system, reducing political influence.
2. Security of tenure: Judges can only be removed through an arduous impeachment process, ensuring job security.
3. Fixed salaries and allowances: These are charged to the Consolidated Fund of India, preventing financial pressure.
4. Separation of judiciary from executive: Article 50 mandates this separation, reinforcing the judiciary’s autonomy.
5. Contempt powers: Courts can punish those who undermine their authority, maintaining their dignity and effectiveness.

These constitutional guarantees strengthen democracy through several key mechanisms:

1. Checks and Balances:
– An independent judiciary can effectively check executive and legislative powers.
– Courts can strike down unconstitutional laws and executive actions.
– This prevents concentration of power and potential authoritarianism.

2. Protection of Rights and Liberties:
– Courts act as guardians of fundamental rights.
– They provide recourse to citizens against state overreach or discrimination.
– This ensures that democratic freedoms are preserved and protected.

3. Upholding the Rule of Law:
– An impartial judiciary ensures all individuals and institutions are accountable to the same laws.
– This equality before the law is a hallmark of democratic societies.
– It fosters a sense of fairness and justice in the citizenry.

4. Fostering Public Trust:
– Judicial independence enhances public confidence in the legal system.
– When citizens believe in the fairness of courts, it strengthens the overall democratic fabric.
– This trust is crucial for the legitimacy of democratic institutions.

However, judicial independence faces several challenges:
– Executive interference and political pressure
– Influence of public opinion and media
– Inadequate infrastructure and resources
– Potential for judicial overreach

In conclusion, constitutionally guaranteed judicial independence is vital for democracy, safeguarding rights, ensuring justice, and maintaining power balance. Continuous efforts to protect and strengthen this independence are essential for a robust democratic system.