Judicial system and Independence of Judiciary in India: A study

Abstract

In spite of the fact that it does not subscribe to the principle of strict separation of powers, the Constitution of India guarantees a free and impartial justice system at both the national and state levels. It is astonishing that the Constitution did not take any similar precautions to protect the members of the judiciary and to vouchsafe the status and dignity of their but seemingly obvious position. While the Constitution did take precautions to protect the respective heads of the Executive and the Legislature and its members with clear enactment of provisions conferring immunities and privileges upon them and of safeguarding their dignity and honour in due proportions, it is astonishing that the Constitution did not take similar precautions to protect the members of the judiciary. “To aim, to provide justice, social, economic, and political, for the people while simultaneously not ensuring the infallibility of the dispensers of justice is a constitutional dilemma. The Constitution, on the other hand, does a sufficient job of guaranteeing the independence of the judiciary by stipulating that judges on the Supreme Court and High Courts have lifetime tenure and a salary that is not subject to negotiation. In point of fact, however, the independence of the judiciary is being undermined by a number of factors, including inadequate salaries and pensions, the allure of returning to work in a high-ranking government position after retirement, ad hoc appointments, and interference from the executive branch in the process of appointing and transferring judges.