“Constitutionally guaranteed judicial independence is a prerequisite of democracy.” Comment.

• Article 50 which talks about separation of Executive & Judiciary
• Indira Gandhi vs Raj Narain case where Supreme court talked about Judicial Independence
• It is a part of the Basic Structure of the Indian Constitution

Importance of Independent Judiciary

• Upholding the supremacy of the Constitution

• Protecting the Fundamental Rights of the citizens against arbitrary legislative action (Article 13(2))

• Balancing the Indian Federalism through Judicial Review. eg it can strike down Colorable Legislation or uphold incidental overlap of powers under Doctrine of Pith & Substance

• Ensuring smooth functioning of the polity as in case of Judicial Review of President Rule or Whimsical removal of governors

• Judicial Activism (under Article 142) to fill the void left by the legislature. eg VISHAKA guidelines, Vineet Narain case demanding CBI to be under CVC purview

CHALLENGES

• Judicial Overreach. eg Liquor Ban guidelines
• Overlap of powers eg. President Pardonning power (Art 72)
• Collegium process of appointment
• Executive overreach by Judiciary

SAFEGUARDS

• Judicial conduct of judges can't be discussed in public domain (except when removal is debated)
• Their salaries are charged Expenditure on Consolidated Fund of India
• Appointment of judges is done as per the Collegium recommendations
• Lower administrative staff is further appointed by Chief Justice
• Independence is a part of Basic Structure & can't be taken away by law.
• The removal of judges require special majority in Both the houses