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Essay on “Freedom of Judiciary” Complete Essay for Class 10, Class 12 and Graduation and other classes.

Freedom of Judiciary

When India attained Independence on the 15 August, 1947, the best among India’s statesmen and the most talented among her constitutional experts were elected to the Constituent Assembly and they provided us a near ideal Constitution that would enable the continued preservation of India’s Independence and her democratic institutions. Our Constitution caters for a parliamentary type of executive with defined powers for the legislature and judiciary. It also guarantees certain fundamental rights to its citizens, specially enshrining them in an independent chapter. Thus, India became a Sovereign, Socialist, Secular, Democratic Republic, with a Parliament elected on the basis of universal adult franchise and a judiciary empowered to interpret and protect the guaranteed Fundamental Rights.

The independence of the Judiciary in India has never been called into question till now, but a controversy arose when A.N. Ray was appointed as Chief Justice of India on April 26, 1973 in supersession of three other judges senior to him in service. There are always two sides to any issue of importance and the total agreement is unattainable. The opposition denounced the appointment as an attack on the Judiciary and an attempt to make it subservient to the ruling party. Supporters were no less strong and sharp in their reaction, and branded the critics as tools of vested interests campaigning for monopoly and capitalism to thwart much-needed and long overdue forces of change. Some even went to the length of calling for a complete overhaul of the judiciary as an obstacle to be removed.

The Constitution empowers the President with unfettered authority to appoint the Chief Justice of India. The independence of the Judiciary is safeguard with permanency of tenure till retirement age of 65 or his own voluntary resignation and an immunity from removal by any authority except in the unlikely event of proven misbehaviour or incapacity and then only on an order of the President supported by a two-thirds majority of the members present at the session. The President, who has the authority to appoint a Judge, has no power to remove him from office once a Judge is appointed except in a case of proven misbehaviour or incapacity and parliamentary demand and sanction on that account. So it does not stand to question the independence of judiciary in India because seniority in service has been overlooked in certain cases.

In a democratic State, particularly of Indian type, it is necessary that people should be inspired to have faith in the government. We have been subjected to colonial rule for a very long time and a large number of people, who lack political education, have no faith in democracy. Democracy is more a matter of outlook, thinking and actions than of carrying on administration. If there is no spirit of accommodation, no tolerance for other political ideologies, no secular attitude and no political consciousness, it is not possible to make democracy, as a form of government. In the initial stages of the national development, it is the duty of the government to inspire confidence among the people and make them feel that democracy is for their personal benefit. Obviously, we who have become a bit more awaken politically, the supersession of some judges has come as a bolt to their faith. If once we lost faith it will not be possible to give wholehearted support to democratic set-up. That will strike the death knell for this form of government and India’s future does not lie in dictatorship because the world powers would exploit the dictator for their own advantage.

Apart from it, the rights of the people must be protected against all the forces that are trying to encroach upon them. Generally, there is constitutional guarantee and if there is no organ to make that guarantee effective, democracy will become meaningless. Rights, in themselves, have no significance; these must be protected and people should enjoy them. In a democratic state, rights are not concessions given to the discretion of the authority. Those are inherent in the political organisation itself and democracy degenerates if people do not enjoy their rights. Only an independent judiciary can help us to retain the real character of democracy. A disguised dictatorship is more dangerous than an actual one.

India is a federation, though not a chaste one. The fathers of the Constitution wanted that some power should be given to the federating units. Subjects for making laws are allocated between the federal units and the Central authority. Union list gives us the list of subjects on which only the Central Government can make laws, State list is for the States only but on Concurrent list both States and the Centre can make laws. There is a great tendency on the part of the federal government to assume more and more powers. States cannot tolerate this unhealthy development because their own powers are curtailed. The Supreme Court upholds the constitutional law against all type of violations by the Central Government. Moreover, there is a possibility that the States may have governments, which have different political parties. An independent judiciary will not hinder the working of State Government in implementing their policies.

There are certain democrats who think that the re-organisation of Indian judicial set-up is necessary in order to preserve democracy in India. Some eminent judges have suggested that they should be selected from a panel. They further say that the appointment of judges of the Supreme Court should be made by the Chief Justice of India, who must consult some of his senior colleagues. The promotion of judges should strictly according to seniority. Frustration among the judges can never make them independent because judges do not cease to be human beings.

It is the responsibility of the judiciary to enforce the laws passed by the legislature and also to discharge the responsibilities enjoined on it by the Constitution. It is not to be influenced either by fear or favour in the discharge of its duties. It should not only remain impartial but also maintain impression among the people. It is to safeguard its reputation. Also, if our experiment in democratic living is to succeed, we will have to make our judiciary independent, bold and alive to the sense of equity.


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