What is independent judiciary ?
An independent judicial system refers to a judicial system which can take decision solely based on facts and the law. Without any improper influence, inducements, pressure, threats or interferences from any organisation. This means that other branches of government the executive and legislature should not restrain the functioning of Judiciary or interfere with the decision.
Can the Judiciary Stay Truly Independent in Indian Politics?
In democratic country like India. Independence of judiciary is not just a constitutional principle it’s a safeguard against the misuse of political power. The makers of the constitution designed it in a way that the judiciary system of India should be independent on it’s own. The court is a neutral arbiter that would protect the right of citizen and uphold the rule of law, even when it’s going against the will of executive and legislature. But in recent days the question has emerged. Is the judiciary still free from political pressure? or the line between the law and politics has started to vanish.
Separation of power: theory vs reality
During the making of constitution the drafting committee designed it in a way that the power should not be handed to one branch. Instead there should be sepration of power and each branch should be assigned a role and should limit the power. The whole point of this was that there is be no misuse of power.
The doctrine of separation of power is a foundational principle in constitutional democracies. The idea is simple yet powerful:
- Legislature makes the Law
- Executive enforces the Law
- Judiciary interprets the law
This distribution is meant to prevent the concentration of the power in any one branch and create a system and create a system of check and balances.
- Article 50 of Indian constitution directs the separation of judiciary from executive.
- Judges are appointed through the collegium system and have security of tenure.
- Judges salary are charged from the consolidated fund of India, insulating them from the political budgetary pressures.
What are the challenges of judicial independence?
- There have been increasing concerns over executive influence in the appointment, transfer and the removal of judges, which can compromise independence of judiciary.
- The current collegium system is criticized for not being transparent to the citizens, the appointment of judges are questioned.
- Direct or indirect efforts to bribe. Examples includes allegations of bribery in Judicial appointments or decisions, and irregular land allotments.
Many more things like internal biasness and favouritism, media and social pressure hinder the Judicial independence.
Some Historical cases of Judicial independence challenges:
- Kesavananda Bharati vs State of Kerala (1973, India)

- Indira Gandhi vs Raj Narain & The Emergency (1975, India)

- SR Bommal vs Union of India (1994, India)


