Introduction

Judicial independence, enshrined in the Constitution, ensures that the judiciary operates without influence from the executive or legislature. It is vital for upholding democracy, the rule of law, and citizens' rights.

Body

1.Importance of Judicial Independence in Democracy

i.Checks and Balances: The judiciary safeguards constitutional principles by reviewing executive and legislative actions. Example: The Kesavananda Bharati case (1973) reaffirmed the basic structure doctrine, limiting arbitrary constitutional amendments.

ii.Protection of Fundamental Rights: Judicial independence ensures impartiality in protecting citizens’ rights. Example: The Maneka Gandhi case (1978) expanded the scope of Article 21, ensuring fairness in law enforcement.

iii.Accountability of Power: Independent courts curb executive overreach, preserving democratic norms. Example: Judicial review of policies like Section 377 of IPC decriminalized same-sex relationships, reflecting constitutional values.

2.Challenges to Judicial Independence