Judicial independence is crucial for sustaining democracy, ensuring that the judiciary remains free from external influences and pressures. This constitutional guarantee not only upholds the rule of law but also protects citizens' rights, fostering trust in the legal system.

Q1. Constitutionally guaranteed judicial  independence is a prerequisite of democracy. Comment.

Model Answer:

Introduction

Judicial independence refers to the ability of the judiciary to function without undue influence from the executive or legislative branches of government. In India, the Constitution ensures judicial independence through various provisions such as Articles 124 to 147 for the Supreme Court and Articles 214 to 231 for High Courts. 

Body

Judicial independence guaranteed by Constitution 

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Administrative Independence

• Appointment and Tenure -  Judges of the Supreme Court and High Courts are appointed by the President in consultation with the judiciary itself (Collegium System), ensuring minimal executive interference.
• Security of Tenure - Judges can only be removed through a rigorous process of impeachment, safeguarding them from arbitrary dismissal. 

• Transfer and Promotion - (The transfer of judges is also managed by the Collegium, reducing executive influence.

Financial Independence

• Salaries and Allowances-  ( Judges' salaries and allowances are charged on the Consolidated Fund of India, ensuring financial autonomy.
• Budgetary Allocations- ( The judiciary has a separate budget, which is not subject to the same scrutiny as other government expenditures. some text
  • Example - The 2018 increase in    judges' salaries was implemented without executive interference, highlighting financial independence.

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Why judicial independence is prerequisite to democracy 

• Upholding the Rule of Law -  An independent judiciary ensures everyone, including the government, is subject to the law. Judges can interpret laws and the constitution impartially, preventing powerful figures from abusing their positions.some text
  • For Example - In 2012, the Supreme Court of India famously cancelled the allocation of 2G spectrum licences due to irregularities, demonstrating its power to check the executive.

• Protecting Individual Rights - An independent judiciary safeguards fundamental rights like freedom of speech and due process. Citizens can challenge government actions that violate their rights, knowing the courts will make fair decisions.

• Maintaining Checks and Balances - Judicial independence is vital for the concept of separation of powers. An independent judiciary can review the actions of the legislature and executive, preventing any one branch from becoming too powerful.some text
  • Example -  The Indian judiciary has struck down the 99th amendment act. 

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Challenges faced in maintaining independence of Judiciary 

• Instances of delays in government approvals for new court buildings or raising salaries of judicial staff can be seen as a way to indirectly influence judges. 
• The executive branch may sometimes make public statements criticising judicial decisions, potentially undermining public trust in the judiciary.
• Golden Parachute" Concerns -The practice of appointing retired judges to lucrative positions after their service can create a perception that judges may be influenced by the hope of such rewards while in office. some text
  •  For ex -recent appointment of retired CJI in Rajya-Sabha. 

Conclusion

In conclusion, judicial independence is vital for a functioning democracy as it ensures checks and balances on the other branches of government. However, challenges such as delays in appointments and executive interference need to be addressed. Strengthening the collegium system and ensuring timely appointments can mitigate these challenges, thereby reinforcing judicial independence. 

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