Independence of Judiciary

As we know, the administration of India is governed by three very important pillars. These pillars are Legislative, Executive, and Judiciary. Unlike the authorities of the Executive and the Legislative branch, the powers, and jurisdiction of the Judicial structure is independent and crucial. In order to make sure the proper functioning of the democratic realm within the country, it is important for the judicial branch to maintain the status of independence of judiciary. 

It is said to be independent due to the separation of powers between the Judiciary, the Executive, and the legislative branch of the government, in terms of powers and actions. It literally means that the judges and the courts can make laws and enact laws, perform their respective duties without any kind of external pressure from the other branches of the government or private organizations. The decisions made by the Courts and the judges are binding on all citizens and need to be respected by all, irrespective of their class or position in society. 

The branch of government that interprets policies and laws, along with settling disputes and maintaining justice within the country is widely known as the Judicial Branch of the government. It is the watchdog of the democratic realm of the country. This branch has the responsibility of ensuring and securing the provisions of the constitution of India. 

Before moving to the feature of the independence of judiciary within the country, let us look at the structure of the judiciary within the country. 

Structure

The structure of the Judicial branch of the government in India is pyramidal. At the top of this structure, we can find the Supreme Court of India; followed by the High Courts, District Courts, and Subordinate Courts within the country. There is a three-tier system in the judicial system in the country. These are- the Supreme Court of India, the High courts of India, and the Subordinate Courts within the country. India’s highest and final court of appeal is the Supreme Court. 

The Supreme Court of India can make appeals against the judgement of several courts within the country, including the high court of India. The seat of the Supreme Court is found to be in Delhi, the national capital. The judgement and verdict made by the supreme court are binding on all the courts within the court. It also has the responsibility of settling the disputes between the state governments, the state and the union, and between the unions. 

Independence

The Constitution of India has several provisions which ensure the independence of judiciary within the country. These provisions include the following points-

• Security of Tenure: To ensure the autonomy of the judges in the court, the constitution has ensured the judge’s tenure security. The judges can hold onto their offices till they reach the age of 65. They cannot be removed from their office easily; it must be done with a special majority and on the basis of misbehavior which is proven in the court of justice- as mentioned in Article 368. 
• Power and Jurisdiction: The jurisdiction meaning revolves around the authority of an institution to hear and make verdicts on issues and cases, at the first instance. The Supreme Court jurisdiction is of three types- Original Jurisdiction, Appellate Jurisdiction, and Advisory Jurisdiction. 
• Salaries and Allowances: The allowances and the salaries of the judges are fixed and cannot be changed, under any normal circumstances. However, in case of a financial emergency, the salaries and allowances of the judges can be compromised. The funds and expenses are charged on the Consolidated funds of the country and the state, respectively. 
• Separation from other branches of governance: It is stated in the Directive principles that the state must ensure the separation between the executive and the judicial branch of governance.  

However, it must be noted that independence of judiciary does not mean that the judicial branch can make decisions and laws arbitrarily and are not accountable. The judiciary- courts and the judges- are always accountable to the constitution of India. 

Conclusion

The administration of India is governed by three very important pillars. These pillars are Legislative, Executive, and Judiciary. In order to make sure the proper functioning of the democratic realm within the country, it is important for the judicial branch to maintain its independence. The judges and the courts can make laws and enact laws, perform their respective duties without any kind of external pressure from the other branches of the government or private organizations. The decisions made by the Courts and the judges are binding on all citizens and need to be respected by all, irrespective of their class or position in society.