Page 1
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
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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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