Independent Judiciary is the Crown Jewel of Our Constitutional Republic: A Comprehensive UPSC Essay Analysis

Quotes for Introductions:

“The judiciary is the guardian of the Constitution, and it is essential that it remains independent and free from any undue influence. It must have the power to protect the rights of the people.”

– Sardar Vallabhbhai Patel: “The judiciary must be independent not only of the executive but also of the legislature. Without an independent judiciary, the Constitution would be a nullity.”– Dr. B.R. Ambedkar

OR

Anecdotal/Metaphorical Introductions: In the grand tapestry of India’s constitutional republic, where the principles of democracy, justice, and equality intertwine, the independent judiciary stands tall as a radiant crown jewel, casting its luminous light upon the nation. Just as a majestic diamond symbolizes strength, resilience, and brilliance, so does an independent judiciary embody the essence of a thriving democracy. Its presence ensures that justice prevails, tyranny is thwarted, and the rights of every citizen are safeguarded. As India’s forefathers embarked on the journey of crafting a visionary constitution, they meticulously etched the principle of an independent judiciary, knowing well that it would be the lighthouse guiding the nation towards a just and equitable society.

Picture a courtroom bathed in the warm hues of justice, where a judge, with unwavering determination, carefully weighs the scales of truth and fairness. The courtroom, a theatre of democracy, witnesses the dance of arguments and the pursuit of truth. In this captivating setting, the independent judiciary assumes its rightful place as the crown jewel of India’s constitutional republic. It is the beacon of hope for those seeking justice and the guardian of individual liberties. The judiciary’s independence, a bedrock of democracy, has been etched into the very fabric of India’s governance, ensuring that the principles of justice and fairness remain sacrosanct.

This essay seeks to examine how an independent judiciary is the crown jewel of our constitutional republic. It begins by explaining what is a constitutional republic and the significance of an independent judiciary in this context. Further, it looks at the constitutional provisions that ensure the independence of the judiciary, complementing it with the evolution of these provisions in practice. The essay will also demonstrate the critical role of the judiciary due to independence through judicial activism to emerge as the guardian of the constitution and the protector of the rights of people preserving India’s credentials as a constitutional republic and enriching its democratic ethos in the process.

Lastly, it looks at the challenges faced by the judiciary and the way forward to redress those challenges.

A constitutional republic is a form of government in which the powers of the elected representatives are limited by a constitution, which serves as the supreme law of the land. This system ensures that the fundamental rights of citizens are protected, and the three branches of government—the legislature, executive, and judiciary—operate within defined boundaries. India, with its robust democratic framework, embraces the principles of a constitutional republic, where the judiciary plays a pivotal role in upholding the rule of law and safeguarding the rights of its citizens. The independent judiciary, like a radiant crown jewel, holds a paramount position in India’s constitutional republic.

Dr. B.R. Ambedkar, the architect of the Indian Constitution, envisioned the judiciary as the guardian of individual liberties, ensuring justice for all. During the Constituent Assembly debates, he proclaimed, “The independence of the judiciary is… of paramount importance… without an independent judiciary, no Constitution, no legislation, no executive, no freedom, can survive.” His words echoed the sentiment of the assembly, reflecting their deeprooted conviction that an independent judiciary would be the cornerstone of India’s democracy.

India’s Constitution enshrines several provisions that safeguard the independence of the judiciary. Article 50 establishes the separation of powers, ensuring the judiciary functions autonomously from the executive and legislature. The appointment process of judges, as prescribed in Articles 124 and 217, establishes an independent mechanism that shields the judiciary from undue influence. The Supreme Court through various cases such as Third and Fourth Judges’ cases has evolved a collegium system where the consultation with the seniormost judges is mandatory and obligatory for the appointment of judges in the higher judiciary. Article 13 provides for the provision of judicial review that bestows upon the Supreme Court the privilege and responsibility of the final interpreter of the Indian Constitution.

It enables the judiciary to interpret and uphold the constitutional validity of laws and executive actions. Further, Article 32, described as the heart and soul of the constitution by Dr. Ambedkar, establishes the Supreme Court as the protector of the Fundamental Rights of the citizens of the country.

The Constitution also establishes the power of judicial review, These constitutional provisions work in harmony to safeguard the independence of the Indian judiciary.

The Indian judiciary has demonstrated remarkable resilience in maintaining its independence despite occasional tussles with the legislature and executive. Through a series of case laws from the Shankari Prasad case to the Golaknath case and ultimately the Kesavanand case in 1973, the Supreme Court has fought ferociously to protect its turf of jurisdiction and to preserve its role as the guardian of the Indian Constitution.In the celebrated case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court invoked the doctrine of basic structure, asserting its power to review constitutional amendments.

This landmark judgment solidified the judiciary’s authority as the final interpreter of the Constitution, ensuring its independence from any undue legislative interference. Similarly, in the case of Maneka Gandhi v. Union of India (1978), the court expanded the scope of personal liberty, fortifying its role in protecting the rights of individuals. The Supreme Court through these judgements ensured that it not only protects the letter of the Indian Constitution but also keeps alive its spirit as envisaged by our constitution makers.

The innovative introduction of the Basic Structure Doctrine preserved the role of the judiciary as well as ensured that the Indian Constitution evolves with changing times however in the process does not become a victim to the politics of majoritarianism often emerging in a parliamentary system.

The judiciary has creatively used the constitutional provisions and proactively used its independence to protect the values enshrined in our constitution. The concept of judicial activism, embraced by the Indian judiciary, has reinforced its role in protecting the rights of the people.

In cases like Vishaka v. State of Rajasthan (1997), the Supreme Court, acting as the guardian of justice, formulated guidelines to prevent sexual harassment in workplaces. This proactive approach by the judiciary showcased its commitment to addressing social injustices and protecting the vulnerable. Through judicial activism, the independent judiciary has been instrumental in shaping progressive social reforms and safeguarding the rights of marginalized communities. It has further laid emphasis on constitutional morality rather than social morality to enhance the rights of citizens, especially the vulnerable and marginalised sections of society. It can be seen in its expansion of the Right to Life under Article 21 where it has stressed that life under the article means a “dignified life”.

It has included concerns like that of drinking water, electricity, education etc in the definition of a dignified life. However, the judicial activism of the Supreme Court is not without its pitfalls. In the exercise of its role as the protector and guarantor of the Fundamental rights of people, sometimes it violates the doctrine of separation of power.

It takes upon the legislative or executive functions for which it is ill-suited and grossly unequipped. While an independent judiciary is essential for upholding democracy, some critics argue that judicial activism turns into judicial overreach that can lead to an imbalance of power. As seen in many instances where the Court passed policy decisions often leading to confusion and chaos such as cancellation of telecom licenses, banning of firecrackers during Diwali, during Covid-19 etc have been seen as cases of judicial overreach. Striking a delicate balance between judicial independence and restraint remains a constant challenge for India’s judiciary.

This becomes far more acute when the organs of the government fail to fulfill the aspirations and demands of the citizens leading to people over relying on the judiciary for action. However, the balance must be maintained to ensure that each organ works smoothly within its domain of action. Moreover, India’s independent judiciary faces various challenges in its pursuit of justice and fairness. Prolonged delays in court proceedings, mounting backlogs, chronic vacancies and lack of access to justice for marginalized sections of society pose significant hurdles.

To address these challenges, there is a need to strengthen the judicial infrastructure, enhance the efficiency of the judiciary, and bridge the justice gap. Moreover, fostering a culture of transparency and accountability within the judiciary will instil public confidence in its independence. Collaborative efforts among the legislature, executive, and judiciary are imperative to overcome these challenges and ensure the vibrancy of an independent judiciary.

Indicative Conclusions:

As the sun sets upon the horizon, painting the sky with hues of crimson and gold, we are reminded of the radiance that an independent judiciary brings to our constitutional republic. Just as a crown jewel adorns the head of a noble monarch, the independent judiciary embellishes our democracy with its brilliance. It is a steadfast guardian of justice, a protector of rights, and a beacon of hope for the oppressed. As we walk towards the future, hand in hand with the spirit of our constitutional makers, let us nurture and cherish our crown jewel, ensuring that it continues to illuminate the path towards a just and equitable India. Or As Justice R.M. Lodha aptly observed,

“The judiciary’s independence is the bedrock on which the edifice of justice rests, ensuring fairness, equality, and the rule of law.” With its impartiality, integrity, and unwavering commitment, the judiciary acts as the sentinel on the qui vive, guarding against tyranny, protecting the fundamental rights of citizens, and holding the pillars of democracy steadfast.

It embodies the aspirations of our constitutional makers, ensuring that the promise of a just and equitable society is upheld. As we reflect on the brilliance of the independent judiciary, we fortify the crown jewel of our constitutional republic, nurturing its independence and ensuring that justice prevails for generations to come. Or As Justice H.R. Khanna poignantly stated, “The judiciary is the guardian of the Constitution, and the Constitution is the vehicle of democracy.” With unwavering commitment, the judiciary stands tall as the custodian of fundamental rights, the protector of individual liberties, and the arbiter of justice for all. Its independence, like a gleaming gem, ensures that the voice of the oppressed is heard, the rights of the marginalized are safeguarded, and the rule of law reigns supreme.

As we embrace the brilliance of the independent judiciary, we fortify the foundation of our constitutional republic, envisioning a future where justice prevails, equality thrives, and the crown jewel of our democracy continues to shine.