| Introduction: Give a brief context to the question Body: Highlight positive aspects of the Independent judiciary and challenges associated with it. Conclusion: Way forward |
The statement “An independent judiciary is a cornerstone of a vibrant democracy” underscores the crucial role that an impartial and autonomous judiciary plays in upholding the principles of democracy.
Positive aspect of an independent judiciary
- Protection of Fundamental Rights: Citizens’ fundamental rights are protected by an impartial judiciary. It guarantees that laws and policies adhere to the constitutional framework and defend individual liberty. Examples include the Aadhaar judgment and the scrapping of Section 377.
- Balances and checks: The independence of the judiciary is an essential safeguard against possible abuses of power by the legislative and executive branches. The judiciary upholds individual rights and guarantees that the government abides by the Constitution by closely examining legislation and government acts. Eg, the judiciary has intervened in various executive decisions, including environmental matters, economic policies, and even electoral processes leading to debates of judicial activism and judicial overreach.
- Guardian of the Constitution: The judiciary is responsible for interpreting the Constitution in various democracies, including India. By ensuring that legislative and executive actions are consistent with constitutional principles, judicial review serves to uphold the supremacy of the Constitution.
- Public trust and accountability: An independent judiciary fosters public trust in the legal system and the democratic process as a whole. It holds governments accountable, upholding the rule of law and deterring abuse of power.
Challenges
- Resource Allocation: Frequent interventions in legislative and executive matters may divert judicial resources from addressing core issues related to access to justice, especially for marginalized populations.
- Judicial overreach: Critics argue that some judicial interventions may go beyond the purview of the judiciary, undermining the separation of powers and potentially impacting legislative and executive effectiveness.
- Politicization of the judiciary: Concerns exist about the potential politicization of judicial appointments and judgments, which could weaken public trust and legitimacy.
- Delay in Justice: The Indian judiciary faces challenges of backlog and delays, which impact its effectiveness. Prolonged legal processes can result in delayed justice, hindering citizens’ ability to seek timely redressal.
Conclusion
While an independent judiciary remains vital for a vibrant democracy, its role must be nuanced and balanced. Striking the right balance between upholding the rule of law and respecting the separation of powers is crucial. Open dialogue, transparency, and robust public discourse are essential to navigate these challenges and ensure that the judiciary continues to play its vital role in India’s democracy
