Independence of the Judiciary

MCQs often trick you into thinking that Parliament votes on judges' salaries annually, implying legislative control. The truth is that the salaries and allowances of judges are fixed and charged on the Consolidated Fund of India, meaning they are *not* subject to a vote in Parliament. This is to prevent the legislature from using financial pressure to influence judicial decisions.

It primarily solves the problem of potential executive or legislative overreach and bias in legal judgments. Without it, the government could manipulate court decisions to favor itself or its allies, undermining the rule of law. For example, imagine a scenario where a company sues the government. Without judicial independence, the court might be pressured to rule in favor of the government, regardless of the law.

It doesn't guarantee that judges will be free from their *own* biases (conscious or unconscious). Critics also argue that the collegium system, while protecting against executive interference, lacks transparency and accountability, potentially leading to nepotism or favoritism in judicial appointments. Also, it doesn't address the issue of judicial delays, which can undermine access to justice.

The striking down of the National Judicial Appointments Commission (NJAC) Act in 2015 is a prime example. The government tried to replace the collegium system with the NJAC, giving the executive a greater role in judicial appointments. The Supreme Court struck down the NJAC, reaffirming the judiciary's independence in appointments and safeguarding the basic structure of the Constitution.

Ordinary citizens would be far more vulnerable to government overreach and abuse of power. Imagine a scenario where the government wants to acquire land for a project, and a citizen challenges the acquisition in court. Without judicial independence, the court might be pressured to rule in favor of the government, even if the acquisition violates the citizen's rights. This would erode trust in the legal system and undermine the rule of law.

The strongest argument is that the collegium system lacks transparency and accountability, making it prone to nepotism and favoritism. Critics argue that it's an 'opaque' process where judges appoint judges, with little public scrutiny. In response, one could acknowledge the validity of these concerns and suggest reforms to increase transparency, such as publishing the criteria for selection and the reasons for selecting particular candidates. However, it's crucial to maintain the judiciary's primacy in appointments to prevent executive interference.

Several approaches could be considered: answerPoints: * Increased Transparency in Collegium: Publishing the criteria for judicial selection and the reasons for appointments could enhance public trust. * Establishing a Permanent Secretariat for the Collegium: This could streamline the appointment process and ensure better record-keeping. * Setting Time Limits for Government Action: The government should be required to act on collegium recommendations within a specified timeframe to prevent delays. * Judicial Impact Assessments: Before enacting major legislation, conduct assessments of the potential impact on the judiciary to ensure it is not overburdened.

Without this separation, the executive could directly influence judicial decisions, especially at the lower levels. Imagine a situation where a District Magistrate, who is part of the executive, also has judicial powers. This could lead to biased decisions in favor of the government or influential individuals. Article 50 aims to prevent this conflict of interest and ensure impartiality.

'Security of Tenure' protects judges from arbitrary removal based on disfavor with the government, while 'Fixed Salaries' prevents the legislature from using financial pressure to influence judicial decisions.

Favorably, India's judiciary has a strong tradition of judicial review and has often acted as a check on executive power, sometimes more assertively than in countries like the UK (where parliamentary sovereignty is stronger). Unfavorably, the collegium system is unique and has been criticized for its lack of transparency compared to appointment processes in countries like the US, where there is more public scrutiny.

Students often see contempt powers as a blanket restriction on criticizing the judiciary. However, the key distinction is that contempt powers are meant to prevent *undue* interference with the administration of justice or to protect the dignity of the court. Fair criticism of judicial actions, without malicious intent to obstruct justice, is generally protected. The line is often blurry and subject to interpretation.

Separation of the judiciary from the executive, as mandated by Article 50, is a structural safeguard that *enables* judicial independence. By preventing the executive from exercising judicial functions or influencing judicial appointments and decisions, it creates the necessary conditions for the judiciary to operate impartially and without fear of reprisal. It's a necessary, but not sufficient, condition for true independence.