Question

Which of these is true about Independence of Judiciary? *
Judges in the High Court as well as the Supreme Court are appointed in consultation with other branches of government.
Once appointed to this office, it is also very easy to remove a judge.
The legislature and the executive – cannot interfere in the work of the judiciary.
The courts are under the government and act on their behalf.​

Answer 1

Answer:

An independent judiciary is the sine qua non of a vibrant

democratic system. Only an impartial and independent

judiciary can stand as a bulwark for the protection of the rights

of the individuals and mete out even handed justice without

fear or favour. The judiciary is the protector of the constitution

and, as such, it may have to strike down executive,

administrative and legislative acts of the centre and the states.

For Rule of law to prevail, judicial independence is of prime

necessity. The independence of the judiciary is normally

assures through the Constitution but it may also be assured

through legislations, conventions and other suitable norms and

practices. The constitutions or the foundational laws on

judiciary are however, only the starting point in the process of

securing judicial independence. Ultimately the independence

of the judiciary depends on the totality of a favorable

environment created and backed by allstate organs including

the judiciary and the public opinion. The independence of

judiciary also needs to be constantly guarded against the

unexpected events and the changing social, political,

economic conditions; it is too fragile to be left unguarded. In

India, the question of independence of the judiciary has been a

subject of heated national debate over the last many years. It

has exercised the minds of legislators, jurists, politicians and

the laymen. Both the supporters and the opponents have

cogent arguments in support of their views. This question

assumes great importance whenever the Supreme Court holds

a particular Act or particular Clause of an Act passed by

Parliament ultravirus of the Constitution.

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