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Indian constitution establishes an independent judiciary. The phrase 'independent judiciary' means:
1. other organs of the government should not arbitrarily interfere with the decision of the judiciary.
2. judges must be able to perform their functions without fear or favour.
3. there is absence of accountability of judges of the higher courts.
Select the correct answer using the code given below.
  • a)
    1 and 2 only
  • b)
    2 and 3 only
  • c)
    1, 2 and 3
  • d)
    3 only
Correct answer is option 'A'. Can you explain this answer?
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Indian constitution establishes an independent judiciary. The phrase i...
The principal role of the judiciary is to protect the rule of law and ensure supremacy of law. It safeguards the rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship. In order to be able to do all this, it is necessary that the judiciary is independent of any political pressures. Here, independence of judiciary means that
  • 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.
  • the other organs of the government should not interfere with the decision of the judiciary. Hence, statement 1 is correct.
  • judges must be able to perform their functions without fear or favour. Hence, statement 2 is correct.
  • Independence of the judiciary does not imply arbitrariness or absence of accountability. Judiciary is a part of the democratic political structure of the country. It is therefore accountable to the Constitution, to the democratic traditions and to the people of the country. Hence, statement 3 is not correct.
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Indian constitution establishes an independent judiciary. The phrase i...
The correct answer is option 'A', which means that the phrase "independent judiciary" in the Indian constitution refers to both points 1 and 2 only. Let's understand each of these points in detail:

1. No Arbitrary Interference: The phrase "independent judiciary" implies that the judiciary should be free from any arbitrary interference by other organs of the government. This means that the executive and legislative branches should not unduly influence or interfere with the decision-making process of the judiciary. The judiciary should have the power to make decisions based on the law and the Constitution, without external pressure or influence. This ensures that the judiciary acts as a check and balance on the other branches of government, safeguarding individual rights and upholding the rule of law.

2. Fearless and Impartial Judges: An independent judiciary also means that judges must be able to perform their functions without any fear or favor. They should be able to make decisions solely based on the merits of the case and the applicable laws, without any external pressure or influence. This ensures that justice is administered fairly and impartially, without any bias or prejudice. The independence of judges is crucial for upholding the principles of equality before the law and ensuring that every individual receives a fair trial.

The third point mentioned in the question, i.e., the absence of accountability of judges of the higher courts, is not included in the concept of an independent judiciary. Rather, accountability is an important aspect of a functioning judiciary. While judges should be independent in their decision-making, they should also be accountable for their actions. Accountability mechanisms such as judicial review, disciplinary proceedings, and impeachment processes exist to ensure that judges uphold the highest standards of integrity and conduct.

In conclusion, an independent judiciary, as established by the Indian constitution, implies that the judiciary should be free from arbitrary interference by other organs of the government and that judges should be able to perform their functions without fear or favor. This ensures the fair and impartial administration of justice, upholding the rule of law and protecting individual rights.
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Accountability, or the lack of it, in governance generally, and civil services, in particular, is a major factor underlying the deficiencies in governance and public administration. Designing an effective framework for accountability has been a key element of the reform agenda. A fundamental issue is whether civil services should be accountable to the political executive of the day or to society at large. In other words, how should internal and external accountability be reconciled? Internal accountability is sought to be achieved by internal performance monitoring, official supervision by bodies like the —Central-Vigilance Commission-andComptroller and Auditor—General, and judicial review of executive decisions. Articles 311 and 312 of the Indian Constitution provide job security and safeguards to the civil services, especially the All India Services. The framers of the Constitution had envisaged that provision of these safeguards would result in a civil service that is not totally subservient to the political executive but will have the strength to function in larger public interest. The need to balance internal and external accountability is thus built into the Constitution. The issue is where to draw the line. Over the years, the emphasis seems to have tilted in favour of greater internal accountability of the civil services to the political leaders of the day who in turn are expected to be externally accountable to the society at large through the election process. This system for seeking accountability to Society has not worked out, and has led to several adverse consequences for governance.Some special measures can be considered for improving accountability in civil services.Provisions of articles 311 and 312 should be reviewed and laws and regulations framed to ensure external accountability of civil services. The proposed Civil Services Bill seeks to address some of these requirements. The respective roles of professional civil services and the political executive should he defined so that professional managerial functions and management of civil services are depoliticized. For this purpose, effective statutory civil service boards should be created at the centre and in the states. Decentralization and devolution of authority to bring government and decision making closer to the people also helps to enhance accountability.Q. According to the passage, which of the following factor/factors led to the adverse consequences for governance/public administration?1. Inability of civil services to strike a balance between internal and external accountabilities2. Lack of sufficient professional training to the officers of All India Services 3. Lack of proper service benefits in civil services4. Lack of Constitutional provisions to define the respective roles of professional civil services vis-a-vis political executive in this context Select the correct answer using the code given below

Accountability, or the lack of it, in governance generally, and civil services, in particular, is a major factor underlying the deficiencies in governance and public administration. Designing an effective framework for accountability has been a key element of the reform agenda. A fundamental issue is whether civil services should be accountable to the political executive of the day or to society at large. In other words, how should internal and external accountability be reconciled? Internal accountability is sought to be achieved by internal performance monitoring, official supervision by bodies like the —Central-Vigilance Commission-andComptroller and Auditor—General, and judicial review of executive decisions. Articles 311 and 312 of the Indian Constitution provide job security and safeguards to the civil services, especially the All India Services. The framers of the Constitution had envisaged that provision of these safeguards would result in a civil service that is not totally subservient to the political executive but will have the strength to function in larger public interest. The need to balance internal and external accountability is thus built into the Constitution. The issue is where to draw the line. Over the years, the emphasis seems to have tilted in favour of greater internal accountability of the civil services to the political leaders of the day who in turn are expected to be externally accountable to the society at large through the election process. This system for seeking accountability to Society has not worked out, and has led to several adverse consequences for governance.Some special measures can be considered for improving accountability in civil services.Provisions of articles 311 and 312 should be reviewed and laws and regulations framed to ensure external accountability of civil services. The proposed Civil Services Bill seeks to address some of these requirements. The respective roles of professional civil services and the political executive should he defined so that professional managerial functions and management of civil services are depoliticized. For this purpose, effective statutory civil service boards should be created at the centre and in the states. Decentralization and devolution of authority to bring government and decision making closer to the people also helps to enhance accountability.Q. Which one of the following is the essential message implied by this passage?

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Indian constitution establishes an independent judiciary. The phrase independent judiciary means:1. other organs of the government should not arbitrarily interfere with the decision of the judiciary.2. judges must be able to perform their functions without fear or favour.3. there is absence of accountability of judges of the higher courts.Select the correct answer using the code given below.a)1 and 2 onlyb)2 and 3 onlyc)1, 2 and 3d)3 onlyCorrect answer is option 'A'. Can you explain this answer?
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