Subject: Indian Polity

A robust democracy hinges on an independent judiciary that acts as a guardian of constitutional values and fundamental rights. The principle of judicial independence, enshrined in the Basic Structure Doctrine, ensures checks and balances essential for democratic governance.

Importance of Judicial Independence in Democracy

• Constitutional Safeguards: Articles 124 and 217 protect judges' service conditions, salaries, and removal procedures, ensuring autonomy in decision-making.

• Rule of Law: Independent judiciary ensures equal treatment before law, preventing arbitrary state actions and protecting citizen rights through PIL mechanisms.

• Separation of Powers: Prevents concentration of power by maintaining checks on executive and legislative actions through Judicial Review.

Challenges to Judicial Independence

• Resource Constraints: The India Justice Report 2025 reveals meager per capita spending of ₹182 on judiciary annually, with no state allocating more than 1% of its budget.

• Legislative Interference: In 2023-24, 124 bills in 29 states targeted court independence, with 21 bills in 9 states attempting to politicize judicial selection.

• Post-Retirement Appointments: Raise concerns about potential conflicts of interest and executive influence, affecting public trust in judicial impartiality.

Measures to Strengthen Judicial Independence

• Transparent Appointments: Implementation of objective criteria in judicial appointments through the National Judicial Appointments Commission (NJAC) framework.

• Financial Autonomy: Creation of an independent National Judicial Infrastructure Authority to ensure adequate resources.

• Accountability Mechanisms: Establishing a robust system for judicial accountability without compromising independence through the Judges Inquiry Act.

Democracy thrives when the judiciary remains independent, as exemplified by landmark judgments like Kesavananda Bharati case and Minerva Mills case. The way forward lies in strengthening institutional safeguards while ensuring transparency and accountability in judicial functioning.