Opinion | The Independence of Indian Judiciary

By allowing Er Rashid to take his oath despite being in jail, the court demonstrated its commitment to upholding democratic principles while navigating complex legal terrain

Despite being incarcerated, Jailed political figure Er Rashid sought permission to take his oath as a member of the legislative assembly. The court’s decision to allow him to take the oath remotely highlighted the judiciary’s delicate balance between upholding the law and ensuring democratic representation. This case underscored the judiciary’s role in interpreting laws in a manner that balances justice with democratic principles, navigating complex legal and political landscapes with prudence. The court decision was widely hailed and Indian Judicial System was appreciated widely. The judiciary’s adherence to due process, fair trial rights, and protection of minorities reflects its commitment to justice and inclusivity.
The judiciary of our country stands as a pillar of constitutional governance. The concept of an independent judiciary is not merely a legal principle but a cornerstone of democracy itself. It ensures that the rule of law prevails over whimsical governance, protecting the rights and liberties of citizens. The journey towards an independent judiciary in India has been arduous, marked by challenges and milestones that underscore its crucial role in upholding justice. The roots of India’s judicial system trace back to the colonial era, influenced by British legal structures. Post-independence, the framers of India’s Constitution envisioned a judiciary that would act as a safeguard against arbitrary state power and ensure justice for all. Dr. B.R. Ambedkar, the principal architect of the Constitution, emphasized the need for an independent judiciary to maintain the balance of power among the executive, legislature, and judiciary. The framers enshrined the principles of judicial independence in the Constitution, granting the judiciary significant autonomy in its functioning. Article 50 of the Constitution directs the state to separate the judiciary from the executive in public services of the state, a crucial step in ensuring impartiality and fairness in adjudication. Over the decades, the judiciary has played a pivotal role in interpreting the Constitution, resolving disputes, and protecting fundamental rights, thereby shaping India’s legal landscape.
Despite constitutional provisions safeguarding judicial independence, challenges persist. Judicial activism, while sometimes lauded for addressing public grievances, also raises concerns about overreach. Nevertheless, the judiciary has consistently upheld its role as the custodian of justice, asserting its independence in crucial matters. Several landmark cases underscore the judiciary’s pivotal role in safeguarding democracy and fundamental rights. From Kesavananda Bharati’s case, which established the doctrine of basic structure, to Maneka Gandhi’s case, which expanded the scope of personal liberty, the judiciary has expanded the horizons of justice in India. Judicial activism in cases concerning environmental protection, corruption, and gender equality has further cemented its place as a proactive guardian of constitutional values. Public trust in the judiciary is paramount for its effective functioning. Transparency in judicial appointments, accountability mechanisms, and ethical standards for judges are crucial in maintaining this trust. Strengthening judicial infrastructure, reducing judicial vacancies, and embracing technology to expedite legal proceedings are critical steps. Legislative reforms to streamline judicial appointments and enhance judicial independence will further fortify the judiciary’s role as a bulwark of democracy.
The independence of the Indian judiciary is not a static achievement but a dynamic process shaped by historical context, legal precedents, and societal evolution. It stands as a beacon of hope for justice seekers, ensuring that the principles enshrined in the Constitution are upheld without fear or favor. As India navigates the complexities of a diverse society and a vibrant democracy, the judiciary’s independence remains indispensable in fostering a just and equitable society where the rule of law prevails.The Er Rashid case serves as a reminder of the judiciary’s pivotal role in maintaining the delicate balance between law and democracy. By allowing Er Rashid to take his oath despite being in jail, the court demonstrated its commitment to upholding democratic principles while navigating complex legal terrain. This case exemplifies how the judiciary, through prudent interpretation and application of laws, continues to safeguard the foundational principles of justice and democracy in India.