Independence of Judiciary

Most of the time courts seem to be the judges in disputation between individuals or of individual parties. The Judiciary also executes some political justifications. Moreover, the judiciary is made up of all the courts at all levels in a nation, including the Supreme Court, High Courts, and district courts. The government’s principal organ is the judiciary. The most powerful court in the world is the supreme court of India.  In securing and simplifying the constitution, the judiciary played a crucial role right from 1950. In addition, The Indian judiciary is renowned for its independence from the legislative and the administration, as well as its apolitical nature.

Need of an Independent Judiciary:

To preserve and ensure the supremacy and rules of law.

To safeguard the rights of the individual, settle disputes following the law and ensure that democracy does not give way to individual or group dictatorship. 

Rule of Law: It ensures that every individual, of rich and poor, upper caste or lower caste, man and woman are put through to the same law.

Independence of Judiciary:

The independence of the judiciary means that:

In such a way that is unable to do justice for the functioning of the judiciary the organs of the government like the executive and legislature must not prevent.

The other bodies of the government should not interfere with the decisions made by the judiciary.

The judges should execute their functions without any favour and anxiety.

However, the independence of the Judiciary does not suggest absenteeism of accountability or inconsistency. Judiciary is another part of the elected political formation of the country It is therefore accountable to:

The Constitution.

The democratic traditions. 

The people of the country. 

Protection of the Independence of Judiciary:

The Indian Constitution has ensured the independence of the judiciary through several measures. These are: 

No involvement of the legislature in the process of appointment of judges: 

Judge to be appointed: The person to be appointed for the post of a judge must have experience as a lawyer or must be well versed in the law.

Political opinions of the person or his/ her political loyalty should not be the criteria for appointments to the judiciary. 

Security of tenure: 

The judges have a fixed tenure and hold office till reaching the age of retirement. 

Judges can be eliminated, only in unusual or uncommon cases. 

It ensures that judges could function without fear or favour. 

The constitution authorises a very tough policy for the removal of judges. 

They are not economically dependent on either the executive or the legislature.

The salaries and allotments provided by the constitution for the judge are not put through to the approval of the legislature 

The judge’s measures and resolutions are resistant to personal disapproval.

Protection against unfair criticism: The judiciary has the power to penalise those who are found guilty of contempt of court.

Power to adjudicate without fear of being criticised: The behaviour of the judges the parliament cannot discuss except until they proceed to take measures to eliminate a judge is carried out.

Structure of the Indian Judiciary:

• India has a unified and integrated legal system. 
• The Indian judiciary is organised like a pyramid, with the Supreme Court (SC) at the apex. 
• The Supreme Court is the highest, followed by the district and lower courts. 
• Finally, the subsidiary courts operate directly under the supervision of the higher courts.

Conclusion

Conclusively, we have looked into the Indian judiciary while highlighting its independent nature. We also looked into the importance of an independent judiciary and its functions. In terms of its unmatched power, we should note that the powers are explicitly defined in the Constitution and cannot be diminished by Parliament or Presidential decree. As a result, no politician can lessen or expand their authority. For instance, If a bill passed by Parliament violates the Constitution, the Supreme Court has the authority to declare it unconstitutional.