JAMIA MILLIA ISLAMIA

FACULTY OF LAW

PROJECT (POLITICAL SCIENCE)

INDEPENDENCE OF JUDICIARY

Submitted to –
DR. NOORJAHAN MOMIN

Submitted by –
MD MODASSIR
B.A.LL.B (REGULAR) 2nd Semester
Roll No. 32
Student ID. 201903798
Batch (2019-2024)
INTRODUCTION
The definition of judicial independence is that the judiciary should be independent of other
branches of government. That is, courts should not be exposed to undue interference from other
government departments or private or political interests. The principle of separation of powers is
vital to judicial independence.i

Most countries struggle with the concept of judicial independence through different methods of
judicial selection, or by appointing judges. One way of fostering judicial independence is by
granting judges life tenure or long tenure, which preferably frees them to determine cases and
make judgments according to the rule of law and judicial discretion, even if those decisions are
politically unpopular or opposed by powerful interests. The idea can be traced back to England in
the 18th century.ii

The autonomous judiciary in a democratic polity wedded to the rule of law is sine qua non.The
judicial system is central to protecting human rights and freedoms in a country. In the world of
common law, the basic order of things includes no more sacrosanct fundamental value than the
independence of the judiciary.iii

The principle of judicial independence inherent in the concept of the separation of powers means
that the judiciary enjoys a special position of autonomy and independence such that it can
operate independently from any guidance or control emanating from the other two branches of
government — the legislature and the executive. The judicial system is an important check and
balance on the other branches of government, ensuring legislative laws and executive acts are
consistent with constitutional provisions.iv
 Meaning of Independence of Judiciary:

(i) In its domain, the judiciary must be free from interference by other bodies. It's called
division of powers in that way. Our Constitution renders the judiciary fully
autonomous, except in some cases where certain powers of remission are granted to
the executive heads, etc.
(ii) It means the right of judgements and the right from interference with legislation. Our
constitutional status is not very content in this regard since the legislature will
circumvent judicial decisions by legislation in certain respects. An example of the
1954 Income-Tax Amendment Ordinance is
(iii) Judicial decisions should not be affected by either the Executive or the Legislature —
it means freedom from all, fear and favour with the other two bodies.v
Methods to Secure Independence of Judiciary:

(i) High Qualifications: Democracy in the selection of judges was avoided by the
constitution itself requiring high minimum requirements for these assignments. An aspirant to
such an significant position must have been a High Court judge for at least five years, or must
have been a High Court lawyer for at least ten years, or be a distinguished jurist.vi

(ii) Security of Tenure: The Supreme Court Justices enjoy tenure protection. They are
not removed from office except through a President's order and this too only on the grounds of
proven misbehavior or incapacity, approved by a resolution adopted by a majority of the total
membership of each House and also by a majority of not less than 2/3 of the members present
and voting in that House.vii

(iii) Lengthy Tenure: Even though the Constitution does not provide for lifetime service,
the current 65-year clause is in effect almost the same. A retirement age of 65 is very high,
according to Indian norms, considering the average lifespan in India and also the average health
of people in old age for work.viii

(iv) Oath to Work Fearlessly: Before taking office, the judges must make an oath to
carry out their duties fearlessly and to uphold the Constitution. The political party committed to a
specific philosophy wants the judges to read and behave accordingly on the wall of the writing.
The subject was posed by the supersession of three judges and the appointment of a junior judge
as chief justice. Ex-Chief Justice S.M. Sikri claimed that affiliation with the ruling party's
ideology is not part of the oath granted to a judge. Therefore it should not expect such dedication
from him.ix

(v) Powers to Make Rules to Regulate their Procedure:

The Supreme Court has full powers to regulate its practice and procedure, and to take appropriate
measures to execute its decrees and orders.x
 JUDICIAL INDEPENDENCE IN INDIA
The independence of the judiciary is not to be decided as any apriori principle in all its aspects
but must be decided within the context of the Indian Constitution. The goal is to ensure that the
adjudication is untrammelled by external or controls and, under the Constitution of India, the
independence of the judiciary is limited to the adjudicative functions of the courts or tribunals
and is excluded from the influence of the executives in that name. One notable feature of India's
constitution is that it gives the Indian judiciary a dignified and critical role.xi

Therefore the presence of a ruthless and judicial independence is established in the Indian
constitutional framework. Judicial independence is not genuflexion; nor is it objected to any
government initiative.xii

Democracy, as envisaged in India's Constitution, continues on the basic postulate that essentially
democratic power vests in the country's citizens. This sovereignty achieves social reality and
only the constitutional instrumentality's complex feasibility tacitly submits to the democratic
people's broad oversight. But the people in general obviously can not exercise the like task of
tracking, managing, disciplining and performing.xiii

Therefore, there is a need for checks and balances such that the power granted everywhere is not
permitted to go haywire and can become modifiable to the constitutional foundations and
accountable to those who are the real masters or power donors. The founding fathers of the
Indian Constitution, upholding the values of democracy (transparency and accountability),
Demarcated and delineated powers of three government agencies with the understanding that
each body will perform its assigned task and will seek to bring life to the objectives set out in the
Preamble. They have enshrined appropriate provisions to keep the Government's three
instrumentalities responsible for any act of omission or commission performed by them through
clear methods. India follows Rule of Law secular government. Whether it be the Legislature, the
Executive or the Judiciary; both are creations of the 1950 Indian Constitution.xiv

In this democratic system, the judiciary is an independent umpire that settles conflicts within the
limits established by a Written Constitution and the allocation of constitutional powers between
various bodies, namely the parliament, the state legislatures and the executive. Each citizen of
the country expects an independent judiciary which is not only a fundamental right but also a
part of India's basic constitutional framework. Independence of the judiciary is one of the
fundamental frameworks of India's constitution and has also been recognized by international
conventions as a human right.xv

Three wings of government are enshrined in our Constitution, and each of these three wings of
government has to function separately, despite being interrelated. For the sake of differentiation,
Justice Krishan Iyer noted that the judiciary would draw the line between individual rights and
social regulation. The aim of justice is deeply enshrined in the Indian Constitution Preamble.xvi

In fact, not only does the judiciary dispense justice between one person and the other, or between
one group of people and the other, it also does justice in the disputes that occur between
individuals and States, State. Only when the country has an autonomous, independent and
impartial judiciary will any of the above duties be discharged.xvii
 ROLE OF INDIAN JUDICIARY
India's highest judicial body is the Supreme Court. But, above all, we need to understand the
position of the judiciary. Courts in India are responsible for managing and passing decisions on
various issues-how the students should be handled by a school, or how two states should share
the wealth of each other etc.xviii

The Courts do have the power to punish people for their crimes. The judiciary manages almost
every social situation that requires a law, like-

Dispute Resolution:  Whenever a conflict occurs, the courts intervene to provide

remedies. If it is a conflict between individuals, individuals, and government, or between two
state governments, or even central and state governments, it is the court that is responsible for
resolving disputes.xix

Judicial Review:  The judiciary has absolute grip on India's constitution. As such, if there
is any breach of the constitution's rules, the court may also override legislation passed by the
parliament. This is called Judicial Review process.xx

Upholding the Law and Enforcing Fundamental Rights: In our

constitution almost all of the fundamental rights of Indian people are established. In case any
person feels breach of any of these freedoms, they may contact their local high courts or the
Supreme Court.xxi
 CONCLUSION
Within the 'basic principle of the division of powers' between a majority of departments and the
tripartite system of checks and balances, centralized judicial authority is implied.

This definition is the very 'centre' of the constitutional system.

The judiciary has had its institutional strength in terms of its separate judicial review powers. In
progressive interpretations of the rule, the judiciary has managed to create its constitutional
ascendancy in terms of having its sole discretionary right. As a result, after independence one can
observe the evolving role of the judiciary in Indian polity. Therefore the Supreme Court
perceives the Indian judiciary as both the guardian of human freedoms against violence by the
political branch and the sole arbiter of the sense of the Constitution.

In fact, it can also be said that our Constitution contains almost every principle of judicial
independence adopted by the Seventh Congress of the United Nations on the Prevention of
Crime and Treatment of Offenders in 1985, while 35 years earlier, adopted the Basic Principles
on the Freedom of the Judiciary.

The judiciary stands as a bulwark between the citizen and the State against executive coercion,
excesses and executive misuse of power.
i
https://en.wikipedia.org/wiki/Judicial_independence#Development_of_the_concept
ii
https://en.wikipedia.org/wiki/Judicial_independence#Development_of_the_concept
iii
https://shodhganga.inflibnet.ac.in/bitstream/10603/253780/10/10_chapter-04.pdf
iv
https://shodhganga.inflibnet.ac.in/bitstream/10603/253780/10/10_chapter-04.pdf
v
http://www.yourarticlelibrary.com/india-2/independence-of-judiciary-in-india/49299
vi
http://www.yourarticlelibrary.com/india-2/independence-of-judiciary-in-india/49299
vii
http://www.yourarticlelibrary.com/india-2/independence-of-judiciary-in-india/49299
viii
http://www.yourarticlelibrary.com/india-2/independence-of-judiciary-in-india/49299
ix
http://www.yourarticlelibrary.com/india-2/independence-of-judiciary-in-india/49299
x
http://www.yourarticlelibrary.com/india-2/independence-of-judiciary-in-india/49299
xi
http://www.legalserviceindia.com/legal/article-1681-independence-of-the-judiciary-a-constitutional-response.html
xii
http://www.legalserviceindia.com/legal/article-1681-independence-of-the-judiciary-a-constitutional-response.html
xiii
http://www.legalserviceindia.com/legal/article-1681-independence-of-the-judiciary-a-constitutional-response.html
xiv
http://www.legalserviceindia.com/legal/article-1681-independence-of-the-judiciary-a-constitutional-response.html
xv
http://www.legalserviceindia.com/legal/article-1681-independence-of-the-judiciary-a-constitutional-response.html
xvi
http://www.legalserviceindia.com/legal/article-1681-independence-of-the-judiciary-a-constitutional-response.html
xvii
http://www.legalserviceindia.com/legal/article-1681-independence-of-the-judiciary-a-constitutional-response.html
xviii
https://www.toppr.com/guides/civics/judiciary/introduction-of-the-judiciary/
xix
https://www.toppr.com/guides/civics/judiciary/introduction-of-the-judiciary/
xx
https://www.toppr.com/guides/civics/judiciary/introduction-of-the-judiciary/
xxi
https://www.toppr.com/guides/civics/judiciary/introduction-of-the-judiciary/