Independence of Judiciary

The Judiciary is the third organ of the Government which has the authority to interpret the laws, protect, defend and implement it to settle disputes among people involved in the cases. The Judges are the decision makers when it comes to unravelling the true explanation of the laws. Judicial independence refers to the notion where the Judiciary is independent from the other organs of the Government, i.e., the Legislative and the Executive. It means that the Executive and the Legislature should not, in any way interfere with the functioning of the Judiciary, so it aids the Judges to carry out their decisions without any fear or favour. India follows the system of Judicial independence. Independence is looked upon as a means to ensure a fair trial in the courts during the course of justice being served. It can be viewed as a shield that protects and defends the fundamental and constitutionally sanctified values. Independence does not take into account the absence of accountability or whimsicality with respect to the Constitution, country or the democratic traditions. Organisation in Judiciary is important for protecting the citizens’ fundamental rights and liberties, from the dangers of the legislative, executives, bureaucracy, government authorities, organisations and other citizens as well. There are a few prerequisites to ensure the smooth and independent working of the Judiciary and some of them are so basic yet, hold an important essence which makes the independence of Judiciary possible starting with their administrative independence, which includes, control over the staff, looking after the buildings and funding for the staff. Sound method of appointment of the truly qualified, experienced and deserving Judges by the Executive is undoubtedly independent of popular influence and political influence, however, possible bias and political pressure has to be avoided. After 2014, the President in consideration with the Judicial Appointment Commission (JAC) appoints the High Court and Supreme Court judges. The Judges are paid high salaries to rid them of monetary problems that may result in them taking part in corruptive practices. The salaries are fixed and taken from the consolidated fund, free from the influence of the legislative or executive and along with it handsome perks and allowances are also provided to them. Long and stable tenure makes sure that the Judges do not fall prey to the greed for securing maximum returns and provides a source of job satisfaction. The Judges can hold their office till they have attained 65 years of age. They are provided with good after- retirement benefits and pensions independent of financial worries to keep them from using dishonest means to stabilise their after retirement life. The Judges are not allowed to continue with their legal practices after retirement, which may lead to them having biased judgements to please their future employers. The method of removal of judges on the grounds of misconduct, inefficiency and corruption is made difficult and should undergo the supervision of multiple authoritative people or institutions for the check of facts. Transfer of judges without their consent should not be permitted and the power must rest only with the judiciary and must be carried out by a collegial body. The Judges being a member of any party, organisation, clubs, business organisations and government organs is not appreciated as it can sometimes give way to swaying in judgments due to personal knowledge or favouritism. They are also unrestrained from following the directions of their fellow Judges. All these measures are taken to create and maintain a sense of respect for this profession so as to attract the most worthy people for these posts. However, more than enough times we have seen that instances of judicial intervention by the Government authorities leads to the destabilization of the pillar of respect in the citizens’ eyes regarding the power and the dignity that the Indian judiciary stands on. During the Emergency in 1970-75, there had been a mass transfer of High Court judges as the Government felt that their Judgments had been an inconvenience for them. Incorporation of the above mentioned rules and features helps the Judiciary to retain its independence while giving its judgements. These are important means to ensure the noninterference of dishonest, immoral and biased decisions which can tamper with the Constitutional integrity as well the citizens’ rights and liberties. However, corruption in Judiciary is far from being over as seen in 2019, when one of the retired Orissa High court judge, I.M. Qudussi along with five other people, was arrested by the Central Bureau of Investigation regarding the allegations of him taking bribes in one of his cases regarding a medical college, accusing them of criminal conspiracy and corruption. They had seized 1 crore from his residence which was the money taken as bribe. Therefore, along with change in the system, change in mindsets on the part of Judicial beings is also necessary for the proper functioning of the independence of Judiciary.