Is the Indian Judiciary Independent?

Any country can run effectively if its legislative, executive, and judiciary are independent and doing their work properly. The power and responsibility of legislative, executive, and Judiciary must be separated as it is the basic structure of the Constitution. But there is no fine line between these three bodies in the Constitution of India. Independence of Judiciary from legislative and executive is fundamental to the rule of law. But we know how independent our Judiciary is! Even the appointment, transfer of judges of the supreme court and high court are in the hand of the President of India with the concurrence of Chief Justice of India.


The legislation decides salaries of pension and various other conditions of service of judges. While the executive decides post-retirement appointments. James Madison described the Judiciary as the weakest of the three departments of power. We know the problem that our Judiciary is dependent. Sir Ninian Martin Stephen said that an independent Judiciary although a formattable protector of individual liberty is at the same time a very vulnerable institution of fragile bastin indeed. Judiciary can become independent if the appointment of judges becomes transparent, the security of tenure, protection of terms and services, and powers are given to them to take steps freely to ensure the dignity of the individual and his office.





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