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J U D I C I A R Y
Page 2


J U D I C I A R Y
Why Do We Need an Independent 
Judiciary?
Impartial Dispute 
Resolution
Resolves disagreements neutrally 
between people, groups, and the 
government, following the rule of law.
Upholding the Rule of Law
Ensures everyone is subject to the same 
laws, regardless of wealth, gender, or 
social status.
Protection of Individual 
Rights
Safeguards individual rights and 
prevents democracy from turning into a 
dictatorship by an individual or group.
An independent judiciary is essential for resolving disputes impartially, upholding the rule of law, protecting individual rights, and 
preventing the concentration of power, thereby safeguarding democracy. T o do this, the judiciary must be free from political 
influence.
Page 3


J U D I C I A R Y
Why Do We Need an Independent 
Judiciary?
Impartial Dispute 
Resolution
Resolves disagreements neutrally 
between people, groups, and the 
government, following the rule of law.
Upholding the Rule of Law
Ensures everyone is subject to the same 
laws, regardless of wealth, gender, or 
social status.
Protection of Individual 
Rights
Safeguards individual rights and 
prevents democracy from turning into a 
dictatorship by an individual or group.
An independent judiciary is essential for resolving disputes impartially, upholding the rule of law, protecting individual rights, and 
preventing the concentration of power, thereby safeguarding democracy. T o do this, the judiciary must be free from political 
influence.
Independence of 
Judiciary
Meaning of 
Independence
The other organs of the 
government like the executive 
and legislature must not 
restrain the functioning of the 
judiciary in such a way that it is 
unable to do justice.
Non-Interference
The other organs of the 
government should not 
interfere with the decision of 
the judiciary.
Impartiality
Judges must be able to perform their functions without fear or favour.
Page 4


J U D I C I A R Y
Why Do We Need an Independent 
Judiciary?
Impartial Dispute 
Resolution
Resolves disagreements neutrally 
between people, groups, and the 
government, following the rule of law.
Upholding the Rule of Law
Ensures everyone is subject to the same 
laws, regardless of wealth, gender, or 
social status.
Protection of Individual 
Rights
Safeguards individual rights and 
prevents democracy from turning into a 
dictatorship by an individual or group.
An independent judiciary is essential for resolving disputes impartially, upholding the rule of law, protecting individual rights, and 
preventing the concentration of power, thereby safeguarding democracy. T o do this, the judiciary must be free from political 
influence.
Independence of 
Judiciary
Meaning of 
Independence
The other organs of the 
government like the executive 
and legislature must not 
restrain the functioning of the 
judiciary in such a way that it is 
unable to do justice.
Non-Interference
The other organs of the 
government should not 
interfere with the decision of 
the judiciary.
Impartiality
Judges must be able to perform their functions without fear or favour.
Independence of Judiciary (Continued)
Appointment Process
The legislature is not involved in the 
process of appointment of judges. 
Thus, it was believed that party 
politics would not play a role in the 
process of appointments.
Fixed Tenure
The judges have a fixed tenure. They 
hold office till reaching the age of 
retirement. Only in exceptional 
cases, judges may be removed.
Financial 
Independence
The judiciary is not financially 
dependent on either the executive 
or legislature. The Constitution 
provides that the salaries and 
allowances of the judges are not 
subjected to the approval of the 
legislature.
Protection from Criticism
The actions and decisions of the judges are immune from personal criticisms. The judiciary has the power to penalise those 
who are found guilty of contempt of court.
Page 5


J U D I C I A R Y
Why Do We Need an Independent 
Judiciary?
Impartial Dispute 
Resolution
Resolves disagreements neutrally 
between people, groups, and the 
government, following the rule of law.
Upholding the Rule of Law
Ensures everyone is subject to the same 
laws, regardless of wealth, gender, or 
social status.
Protection of Individual 
Rights
Safeguards individual rights and 
prevents democracy from turning into a 
dictatorship by an individual or group.
An independent judiciary is essential for resolving disputes impartially, upholding the rule of law, protecting individual rights, and 
preventing the concentration of power, thereby safeguarding democracy. T o do this, the judiciary must be free from political 
influence.
Independence of 
Judiciary
Meaning of 
Independence
The other organs of the 
government like the executive 
and legislature must not 
restrain the functioning of the 
judiciary in such a way that it is 
unable to do justice.
Non-Interference
The other organs of the 
government should not 
interfere with the decision of 
the judiciary.
Impartiality
Judges must be able to perform their functions without fear or favour.
Independence of Judiciary (Continued)
Appointment Process
The legislature is not involved in the 
process of appointment of judges. 
Thus, it was believed that party 
politics would not play a role in the 
process of appointments.
Fixed Tenure
The judges have a fixed tenure. They 
hold office till reaching the age of 
retirement. Only in exceptional 
cases, judges may be removed.
Financial 
Independence
The judiciary is not financially 
dependent on either the executive 
or legislature. The Constitution 
provides that the salaries and 
allowances of the judges are not 
subjected to the approval of the 
legislature.
Protection from Criticism
The actions and decisions of the judges are immune from personal criticisms. The judiciary has the power to penalise those 
who are found guilty of contempt of court.
Appointment of Judges
1
2
3
4
Political Controversy
The appointment of judges has never 
been free from political controversy. It 
is part of the political process.
Impact of Appointments
It makes a difference who serves in the 
Supreme Court and High Court4 a 
difference in how the Constitution is 
interpreted.
Influencing Factors
Council of Ministers, Governors and 
Chief Ministers and Chief Justice of 
India 4 all influence the process of 
judicial appointment.
Appointment of CJI
Convention of appointing senior-most 
judge as Chief Justice of India was 
broken twice in 1973 and 1975.
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