Independent judiciary, as envisaged by the constitution, provides the bedrock for a thriving polity; however, executive encroachment may erode its credibility and affect its efficacy. Evaluate.

Principle of checks & balances, impartial dispute resolution requires independent judiciary.

Bedrock for thriving polity

1. Upholder of fundamental rights, when encroached by state → Article 32, 226
2. Original jurisdiction of supreme Court on federal disputes (Art 131)

③ Highest court of appeal (SC). ↳ Special Leave Petition (Art 136)

④ Interpreter of Constitution (basic structure - Keshvananda Bharati case)

Executive encroachment → erodes credibility & efficacy

① Appointment → Possibility of opportunistic appointments (against credibility)

② Dissuades judiciary from giving judgements without fear & favour

③ Justice must also be seen to be done → need independence.

④ SC in Fourth Judges Case, 2015 held NJAC (judicial appointments) affects independence → basic structure.

However, limited executive role is required :-

(1) Principle of checks & balances for all organs. (2) Allegations of opacity, lack of diversity in collegium appointments (3) To check high pendency of cases (~5 crore) & fill timely vacancies. (4) To ensure judicial activism doesn't turn to judicial overreach (eg Subhash Kashinath Mahajan case)

Way forward →

Independence of judiciary must be upheld in letter & spirit, sine qua non for constitutional supremacy.