Question.
"Constitutionally guaranteed judicial independence is a prerequisite of democracy." Comment.
(UPSC 2023 General Studies Paper 2 (Main) Exam, Answer in 150 words)
Answer.
There are three branches of democracy namely Judiciary, Executive, and Legislatives. The judiciary is one of the fundamental pillars of democracy and Judicial independence is indeed a prerequisite of democracy as it has a key role in maintaining the "rule of Law" without any favor, fear, or influence.
Judicial Independence is a prerequisite of democracy because of the following reasons:
Check and balance:
The judiciary acts as a check on the executive and legislative branches of democracy, it prevents the abuse of power and helps safeguard citizens's rights.
Judicial independence is needed to balance the power among the three pillars of democracy ( judicial, executive, and legislative).
Rule of Law:
Independent Judiciary is very much needed to uphold the rule of law. Social justice in society can not be ensured without the independence of the judiciary.
Protection of individuals and collective rights:
Judicial independence is essential for protecting the rights and liberties of individuals. A free judiciary is more likely to uphold constitutional principles and ensure the rights of individuals.
Democratic Values:
A free judiciary ensures democratic values. It prevents the concentration of power in any single branch of government.
Guardian of the Constitution:
The judiciary serves as a guardian of the Constitution. The independence of the judiciary is very much needed for interpreting and upholding the constitution, even in the face of potential opposition or pressure from the executive or legislative branch of democracy.
Public Confidence:
When the public perceives that the judiciary is free from external influences, they are more likely to trust in the fairness and legitimacy of legal processes.
In Summary, constitutionally guaranteed judicial independence it is a prerequisite for well functioning of democracy. A free judiciary helps in upholding the rule of law and protecting the rights and liberties of citizens. This independence contributes to the overall strength, social justice, stability, and legitimacy of democratic institutions.
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