The judiciary of india is independent and powerfull-explain?
Independence of the judiciary means that it is not under the control of the legislature or the executive. India has an independent and powerful judiciary. Following arguments can be put forward in favour of its independence : It is free from any intervention from executive or legistature. In practice, the new judges of the Supreme Court and the High Courts are selected by the senior judges of the Supreme Court. There is very little scope for interference by the political executive. Once a person is appointed as judge of the Supreme Court or the High Court he/ she is assured security of service and cannot be removed from his/her office before the expiry of his/her term except on the grounds of proved misbehaviour or incapability.The powers that judiciary enjoys are also evident of its independence. It can declare invalid any law of the legislature or the actions of the executive, whether at the Union level or at state level, if they find such a law or action against the Constitution.The judiciary has the power to prevent the misuse of the government’s power to make decisions. It checks malpractices on the part of public officials.
This question is part of UPSC exam. View all Class 9 courses
The judiciary of india is independent and powerfull-explain?
The independence and power of the judiciary in India play a crucial role in maintaining the balance of power among the three branches of government. Here, we will delve into the reasons why the judiciary in India is considered independent and powerful.
Constitutional Provisions:
The Constitution of India provides a solid foundation for the independence of the judiciary. Key provisions include:
1. Separation of powers: The Constitution clearly separates the functions of the executive, legislative, and judicial branches to ensure a system of checks and balances.
2. Appointment process: The appointment of judges to the higher judiciary is carried out by an independent collegium system, which consists of the Chief Justice of India and other senior judges. This process helps prevent political interference and ensures merit-based appointments.
3. Security of tenure: Judges in India enjoy security of tenure, which means they cannot be easily removed from office, ensuring their independence in decision-making.
4. Financial autonomy: The judiciary has financial autonomy, with its budget being charged on the Consolidated Fund of India. This prevents financial control and manipulation by the executive.
Judicial Review:
The power of judicial review enables the judiciary to review the constitutionality of laws and executive actions. This power acts as a safeguard against any violation of fundamental rights or any overreach by the government. The Supreme Court of India has the authority to strike down any law or executive action that is found to be unconstitutional.
Public Interest Litigation (PIL):
Public Interest Litigation is a unique feature of the Indian judiciary that allows any citizen to approach the court for the enforcement of public rights. PIL has played a significant role in addressing social issues, protecting the environment, and ensuring government accountability.
Judicial Activism:
The Indian judiciary has displayed activism in interpreting and enforcing constitutional provisions. This activism has led to significant judicial pronouncements and reforms in various areas, including environmental protection, human rights, and social justice.
Landmark Judgments:
Over the years, the Indian judiciary has delivered several landmark judgments that have strengthened its position as an independent and powerful institution. Some notable examples include Kesavananda Bharati v. State of Kerala (1973), which established the doctrine of basic structure, and Vishaka v. State of Rajasthan (1997), which laid down guidelines for preventing sexual harassment in the workplace.
In conclusion, the independence and power of the judiciary in India are ensured through constitutional provisions, the exercise of judicial review, the availability of Public Interest Litigation, judicial activism, and landmark judgments. These factors collectively contribute to the judiciary's ability to act as a guardian of the constitution and protect the rights and liberties of the citizens.
To make sure you are not studying endlessly, EduRev has designed Class 9 study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in Class 9.