UPSC Previous Year Question | Mains GS2 | 2023

"Constitutionally guaranteed judicial independence is a prerequisite of democracy." Comment. (Answer in 150 words)

Answer

Introduction

Judicial independence means freedom from executive, legislative and private pressures while remaining accountable to the Constitution.

Analysis

Why it is essential

  • Independent courts enforce fundamental rights and review unconstitutional state action.
  • Security of tenure, fixed service conditions, contempt powers and separation of powers protect impartial adjudication.
  • Judicial review prevents majoritarian excess and sustains rule of law, federal balance and electoral fairness.

Necessary balance

Independence cannot mean unaccountability. Transparent appointments, reasoned judgments, asset disclosure, ethical standards and timely hearings must coexist with institutional autonomy. Democratic legitimacy is strengthened when courts are independent, accessible and constitutionally restrained.

Keywords

polity, judiciary, constitutionalism, judicial independence

Topics: constitutionalism, judicial independence, judiciary, polity