Can we thought to have words like Justice, Liberty, Equality, Fraternity, unity and dignity without having independence of Judiciary? We even can’t dream to have any of these words in the life of human existence without Independence of judiciary.
Independence of Judiciary is very important facet to have democracy in free society. Therefore this is the reason why the framers of the Indian constitution at the time of framing the constitution of India were very much concerned to have independence of judiciary otherwise the term “fundamental rights” would become mere commodity or toy in the hands of political leaders. This concern to have independence of judiciary was responded Dr. B.R. Ambedkar in the constituent assembly through words-
“There can be no difference of opinion in the House that our judiciary must both be independent of the executive and must also be competent in it, and the question is how these two objects could be secured”.[1]
Now the question that arises is what made the framers of the Indian constitution to be very much concerned about to have Independence of judiciary? Thus the answer to this question lies in the basic understanding to secure the stability and prosperity of the nation as well society by guaranteeing Fundamental rights and it is only the independence of Judiciary that is going to guard and enforce those fundamental rights.
Therefore for a country like India where there is diversity of religion and culture it is only and only the independence of judiciary which is upholding the pillar of democratic system in free society. So independence of Judiciary is the basic requisite for ensuring the objectives of the constitution that is the
JUSTICE, social, economic and political
LIBERTY of thoughts, expression, belief, faith and worship;
EQUALITY of status and opportunity; and to promote among them all,
FRATERNITY assuring the dignity of individual and unity and integrity of the Nation:
Role of Judiciary
It is fact that the role of judiciary with advancement in the thought process of human being had shifted its traditional role to more participatory one to cater to the changing needs of the society. Apart from the basic role, the judiciary is also concerned with the function of acting as a final interpreter of the Constitution and other organic laws, protector of Fundamental rights of the citizens and guardian to keep necessary checks upon the constitutional transgressions by other organs of the state.[2] Under the constitutional scheme Judiciary has been endowed with the various powers from issuing writs of certain nature to the entertainment of petition by special leave.
Further the new innovations and measures resulting in the broader and wider expansion of powers also serve as a tool in the hands of Judiciary to carry out the objectives inserted in the Preamble of the Indian Constitution. The concept of PIL and its rhetoric journey in the modern century clearly defines the crucial role that has been played by the judiciary in this regard.[3] In recent times there has been wider expansion of the role of Judiciary and such role has attracted the attention of the masses. But the thing that is to be noted is that there has been remarkable shift in the working patterns of the courts by virtue of which Judiciary has acquired an ascendant position within the nation’s politics.[4]
[1] Dr. B. R. Ambedkar, Chairman of the Drafting Committee of the Constituent Assembly and later Law Minister of India Reply to the debate on the draft provisions of the Constitution on the Supreme Court, (May 24, 1949), in CONSTITUENT ASSEMBLY DEBATES, vol. VIII, 258.
[2] The range of judicial review recognized in the superior judiciary of India is perhaps the widest and most extensive known in the world of law. See Pathak CJ. In Union of India v. Raghubir Singh (1989) 2 SCC 754 at 766.
[3] P.P.Craig & S.L.Deshpande, Rights, Autonomy and Process: Public Interest Litigation in India 9 Oxford Journal of legal Studies 356 (1989).
[4] Pratap Bhanu Mehta, ― The Rise of Judicial Sovereignty‖ 18 Journal of Democracy 70 (2007).To the same tune Anndhyarujina opines that a body which can theoretically review each and every action of other organs functioning under the Constitution and order their courses of action necessarily possesses power in a political sense
