Independence of Judiciary
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Independence of Judiciary

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 23-Feb-2024

Source: Indian Express

Introduction

Recent decisions by the Supreme Court are making big waves in Indian politics. They are shaking things up and giving people hope for democracy. One decision in the case of Association for Democratic Reforms & Anr. v. Union of India & Ors (2024) says that the electoral bonds scheme is not allowed by the Constitution. Another decision in the case of Kuldeep Kumar v. U.T. Chandigarh (2024) says that AAP, a political party, won the mayoral race in Chandigarh, which is a change from the usual way things are done where the ruling party in the central government has more power.

Is the Judiciary Getting Stronger?

  • The Supreme Court is standing up more against the wrong steps taken by the party, which is represented by the Central Government, which is different from how it usually acts when the government crosses the constitutional boundaries.
    • The Court of Justice is fighting to keep the rules of the Constitution alive.

How Court is Keeping Things Fair and Right?

  • The Court has a tough job of making sure it stays fair and still follows the rules, even when the government is trying to take over.
  • To keep its power and respect, the Court must be seen as fair and follow the laws properly.
    • But sometimes, it has given in to what the government wants, which makes people not trust it.
  • These new decisions might show the Court is getting its power back.

How Judiciary is Independent in India?

  • Separation of Powers:
    • The Constitution of India, 1950 (COI) provides for the separation of powers among the legislature, executive, and judiciary, ensuring that each branch operates independently within its sphere of authority.
  • Appointment and Tenure:
    • Judges of the higher judiciary, including the Supreme Court and High Courts, are appointed by the President of India based on the recommendation of the Collegium system, which consists of the Chief Justice of India and a group of senior judges.
    • The Constitution provides for security of tenure and conditions of service to ensure judicial independence.

  • Judicial Review:
    • The judiciary in India has the power of judicial review, enabling it to examine the constitutionality of laws passed by the legislature and actions taken by the executive.
  • Immunity and Privileges:
    • Judges enjoy certain immunities and privileges to protect them from external pressures or influences while performing their judicial functions.
  • Financial Independence:
    • The judiciary is granted financial autonomy to manage its budgetary requirements independently, reducing the potential for external influence.

What are Troubles for Democracy?

  • The problems with fairness in democracy are not just about the Court. Cheating in elections and the government doing too much without being stopped are happening too often.
  • But people are not vigilant about it or making the government answerable for the malpractices.
    • This is dangerous because it makes democracy weaker and lets bad things become normal.

Why Do People Need to Pay Attention?

  • If people do not keep an eye on what is happening and ask tough questions, democracy could fall apart.
  • Even though the Court's verdict has bestowed justice, citizens need to be aware of the wrongdoings happening around them.

Conclusion

As India deals with the hard parts of democracy, it is part of judiciary to provide justice, but it is equally important for citizens to stand for their rights. Keeping democracy strong means standing up to unfairness and working together, this part of the citizen’s role in democracy can be exercised by the citizens themselves.