Independent Judiciary || Omnath Dubey

An independent judiciary is a cornerstone of any democracy, including India. It ensures that the judiciary is free from any kind of influence or pressure from the executive or legislative branches of the government. In India, the independence of the judiciary is enshrined in the Constitution, which provides for the separation of powers among the three organs of the state, i.e., the legislature, executive, and judiciary.

The Constitution of India provides for an independent judiciary in various ways. Some of the key provisions are:

1. Appointment of judges: The appointment of judges to the higher judiciary, including the Supreme Court and High Courts, is done through a collegium system, which is headed by the Chief Justice of India. The system ensures that appointments are made on merit and that the judiciary remains independent of the executive.

2. Security of tenure: Judges of the Supreme Court and High Courts have a fixed tenure and can only be removed through an impeachment process, which involves the legislature. This ensures that judges are not subject to any kind of pressure or influence from the executive or legislature.

3. Judicial review: The Constitution provides for judicial review, which allows the judiciary to review the constitutionality of laws and executive actions. This power enables the judiciary to act as a check on the executive and legislative branches of the government.

4. Separation of powers: The Constitution provides for the separation of powers among the three organs of the state, i.e., the legislature, executive, and judiciary. This separation ensures that each branch of the government operates independently and is not subject to any kind of interference or pressure from the other branches.

An independent judiciary is crucial for the protection of the rights and liberties of citizens, as well as for ensuring the rule of law. It acts as a check on the powers of the executive and legislative branches of the government and ensures that they operate within the bounds of the Constitution.