Governance, TLP-UPSC Mains Answer Writing
Q. 4. “Judicial independence is vital not just in form but in substance to preserve the constitutional balance.” In this light, critically evaluate the constitutional safeguards and emerging challenges to judicial autonomy in India. Suggest measures to enhance its credibility and effectiveness. (250 words, 15 marks)
Introduction
Judicial independence, enshrined in Articles 50 and 124–147, is central to India’s separation of powers. It is not just a constitutional feature but a living principle—though one that continues to face persistent institutional and political challenges.
Body
Judicial Autonomy: Constitutional and Functional Safeguards
- Security of Tenure & Service (Art. 124–125): Judges of the higher judiciary enjoy protection from arbitrary removal or demotion. Example: The impeachment process, as seen in Justice Ramaswami’s case, is rigorous and rare.
- Financial Autonomy: Salaries and expenses are charged on the Consolidated Fund and are not subject to executive discretion. Example: Parliament cannot reduce judges’ salaries to exert pressure (Art. 125).
- Contempt Power & Judicial Review (Art. 129 & 32/226): The judiciary can enforce compliance and strike down unconstitutional acts. Example: In Kesavananda Bharati v. State of Kerala, it protected the basic structure doctrine.
- Collegium System: Judicial appointments are managed by the judiciary itself to insulate from executive influence. Example: The 2015 NJAC verdict reaffirmed judicial primacy in appointments.
Challenges to Judicial Independence
- Opaque Collegium Process: Lack of transparency in appointments has raised questions of credibility and internal bias. Example: Justice Kaul’s judgment called for public disclosure of reasons in collegium resolutions.
- Executive Non-Compliance: Delay or selective clearance of names recommended by the collegium undermines judicial autonomy. Example: Centre delayed appointing judges despite reiterated recommendations in 2023.
- Lack of Uniform Recusal Standards: Absence of codified norms results in ad hoc recusal practices. Example: A SC judge faced criticism for hearing a matter previously dealt with.
- Political Pressures & Media Trials: Politicisation and media commentary erode judicial neutrality and public trust. Example: Public statements by political leaders questioning court verdicts.
- Allegations of Corruption: Emerging integrity issues risk eroding public confidence. Example: In 2025, a Delhi High Court judge faced allegations after cash was found at their residence.
- Post-Retirement Appointments: Anticipation of government posts after retirement can give rise to conflicts of interest. Example: A former CJI accepted a Rajya Sabha nomination shortly after demitting office.
- NJAC Judgement & Pending MOP: Supreme Court struck down NJAC fearing judicial primacy erosion, while the revised Memorandum of Procedure remains pending. Recommendations to Strengthen Autonomy
- Transparent Appointment Norms: Introduce public criteria and maintain written collegium resolutions to ensure accountability. (Second Administrative Reforms Commission) 2. Independent Appointments Commission: Establish a balanced panel including members from the judiciary, executive, and civil society. (Punchhi Commission)
- Time-bound Appointments: Impose deadlines on the executive to act on recommendations and avoid delays. (Law Commission of India)
- Infrastructure Authority: Create a separate body to manage court infrastructure and budget allocation efficiently. (NITI Aayog)
- Ethical Code of Conduct: Adopt a collegium-backed ethical charter to uphold judicial integrity.
- Finalize Revised MOP: Institutionalize a clear Memorandum of Procedure to minimize informal lobbying and standardize appointments.
Conclusion
Though the judiciary has resisted many encroachments, protecting its independence requires transparency and accountability. As Justice Chandrachud said, “Independence is not a privilege but a responsibility to the people.”
