INDEPENDENT JUDICIARY

Article by Muskan singh at lexcliq

 

Independent Judiciary of India

The concept of having an independent judiciary is for the purpose to deliver fair justice, neutral ( not biased or prejudice ) decisions, enforcement of law and to resolve disputes between parties without any interference or influence of government bodies.

 

It’s role and importance

The role of the judiciary is to safeguards the rights of citizens, to serve impartially & independently the constitutional aims, fair & reasonable act by judges, free from fear & favours. It is necessary for a liberal society & constituent democracy, to ensure prosperity & stability of the society.

The judiciary system of India have burden of responsibilities, people believe judiciary to do justice to each and every class, to every living being, to minority, to majority, to poor, to rich, to nature, to everyone. They all should be treated equally. No matter what side they belong to. They can either be the victim or criminal, but the law must treat them with equity. A criminal must be punished regardless of his status or power and a victim must get justice regardless of his vulnerability.

 

Concept of separation of powers in India

In India, we don’t have the doctrine of “separation of power” in its rigidity but we follow the separation of powers that divide & hold three main branches of the government, which completely acts as an independent body with powers & responsibility. It mainly includes legislative, executive and judiciary. Legislative body enact laws which is implemented by executive body and guarded under law by judicial system.

 

In Indian constitution there is no specific provision for separation of power doctrine but Article 50 of the constitution of India talks about the separation of executive from judiciary. But being a D.P.S.P ( directive principles of state policy ) it is not enforceable by law to retain it.

Article 121 and Article 211 of the Constitution states that the validity of proceedings in the Parliament and the Legislatures cannot be questioned in any court of law. It is to ensure the separation and immunity of the legislatures from judicial interventions on the allegation of procedural irregularity. Any judicial conduct by the Supreme Court and the High Court judges cannot be discussed in the Parliament and by the State Legislature.

Whereas Articles 53 and Article 154 says the executive power of the Union and the State shall be privileged with the President and the Governor and they enjoy the immunity ( benefits ) from civil and criminal liabilities.

Article 361 states that the President or the Governor shall not be answerable to any Court of law for the exercise and performance of the powers & duties of his office.

 

Necessity of Independent Judiciary

For security of our rights and liberties it is important to have an impartial and reliable justice system. An independent judiciary is an essential part of democracy. The judiciary system interprets the constitutional laws and ensures fair justice and prevent arbitrary acts. It makes sure that no authority can misuse their powers to exploit anyone. It also protects the very basic right ( fundamental rights ) of every citizen. The principal role of Judiciary is to ensure the supremacy of law & democracy and to settle disputes between parties or higher authorities. Judicial system must not be under any influence and judges are not allowed to pass biased judgements. It should be fair, transparent, rational and strictly constitutional.

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