Independence of Judiciary - An Indian Experience

Abstract

An independent judiciary is necessary for a free society and a constituent democracy. It ensures the rule of law and realization of human rights and also prosperity and stability of the society. The independence of the judiciary is normally assures through the Constitution but it may also be assured through legislations, conventions and other suitable norms and practices. Following the constitution of United States, almost all constitutions lay down at least the foundation if not the entire edifices of an independent judiciary. The constitutions or the foundational laws on judiciary are however, only the starting point in the process of securing judicial independence. Ultimately the independence of the judiciary depends on the totality of a favorable environment created and backed by all state organs including the judiciary and the public opinion. The independence of judiciary also needs to be constantly guarded against the unexpected events and the changing social, political, economic conditions; it is too fragile to be left unguarded.India has given itself a liberal constitution in the Euro- American traditions, which aims at establishing a free and democratic society. It also aims at prosperity and safety of the society. Its makers believed that such a society could be created through the guarantee of fundamental rights and an independent judiciary to guard and enforce these rights. Therefore the framers of the Indian Constitution dealt with these two aspects with maximum and identical idealism.