Q.1. “Constitutionally guaranteed judicial independence is a prerequisite of democracy.” Comment. [UPSC 2023 GS P-2] “संवैधानिक रूप से न्यायिक स्वतंत्रता की गारंटी लोकतंत्र की एक पूर्व शर्त है|” टिप्पणी कीजिए|

The statement “Constitutionally guaranteed judicial independence is a prerequisite of democracy” underscores the fundamental role that an independent judiciary plays in a democratic society. Here are some key points to consider:

• Separation of Powers: Judicial independence is crucial for maintaining the balance of power among the branches of government. It ensures that the judiciary can function without undue influence from the legislative and executive branches.
• Rule of Law: An independent judiciary upholds the rule of law, meaning that all actions are judged according to the law, not arbitrary decisions. This is essential for a fair and just society where the rights of all citizens are respected and protected.
• Checks and Balances: A constitutionally independent judiciary serves as a check on the other branches of government, preventing any overreach and protecting against the concentration of power.
• Protection of Rights: Judicial independence is vital for the protection of individual rights and liberties. It allows courts to make decisions that may be unpopular with the government or the majority but are in accordance with the law and constitutional principles.
• Accountability: An independent judiciary can hold the government accountable, ensuring that state actions comply with the constitution and laws.
• Public Confidence: The impartiality of the judiciary enhances public trust in the legal system. People are more likely to respect and follow the law when they believe that the legal process is fair and judges are not influenced by political considerations.

In conclusion, constitutionally guaranteed judicial independence is not just a feature of democracy but a cornerstone that supports its very structure. It ensures that democracy is not merely a rule by the majority but a rule based on laws that protect the fundamental rights and freedoms of every individual.