"Constitutionally guaranteed judicial independence is a prerequisite of democracy." Comment (150 words) (UPSC GS 2 2023/10 marks)

Introduction

 - Judicial independence refers to the separation of the judiciary from the executive and legislative branches of government.

 - It ensures that judges can make decisions free from political or external pressures.

Judicial Independence as A Prerequisite of Democracy

1. Safeguard against Executive Overreach

- Judicial independence acts as a check on the executive branch of government.

- It prevents the government from interfering in the functioning of the judiciary.

- Example: During the Indian Emergency (1975-1977), the judiciary played a crucial role in safeguarding citizens' rights against authoritarian actions by the government.

2. Protection of Fundamental Rights

- An independent judiciary protects citizens' fundamental rights.

- Judges can impartially interpret and uphold constitutional rights, irrespective of political pressure.

- Example: The Supreme Court of India has delivered numerous landmark judgments protecting fundamental rights, such as the Right to Privacy (Aadhaar case) and LGBTQ+ rights (Section 377 case).

3. Fair and Impartial Adjudication

- Judicial independence ensures that judges make decisions based on the law rather than political considerations.

- It guarantees fair trials and impartial adjudication.

- Example: In the 2G spectrum case, the judiciary's independence was evident when it canceled telecom licenses due to corruption, regardless of political affiliations.

4. Judicial Review and Accountability

- An independent judiciary has the power of judicial review.

- It can hold government actions accountable for their constitutionality.

- Example: The Supreme Court of India has reviewed and struck down laws, such as the National Judicial AppointmentsCommission Act, as it undermined judicial independence.

5. Upholding the Rule of Law

- An independent judiciary ensures that the rule of law prevails.

- It prevents arbitrary exercise of power and promotes legal consistency.

- Example: In the Kesavananda Bharati case, the Supreme Court of India upheld the doctrine of basic structure, which restricts the Parliament's power to amend the Constitution arbitrarily.

6. Public Confidence in Democracy

- Judicial independence enhances public trust in the democratic system.

- Citizens believe in fair and just outcomes when the judiciary is free from political influence.

- Example: The Ayodhya land dispute verdict, delivered by a Constitution Bench, demonstrated the judiciary's commitment to impartiality, gaining public confidence.

Conclusion

Constitutionally guaranteed judicial independence is a cornerstone of democracy, ensuring a system where the rule of law prevails, fundamental rights are protected, and government actions are held accountable. India's rich judicial history exemplifies the critical role that an independent judiciary plays in upholding democracy and safeguarding citizens' rights.