Question

You read that one of the main functions of the judiciary is ‘upholding the law and Enforcing Fundamental Rights’. Why do you think an independent judiciary is necessary to carry out this important function?

Answer 1

• To ensure that there is no misuse of powers by the executive and legislative, the courts play an important role and this is possible due to independence of the Judiciary.
• If the citizens feel that their fundamental rights have been violated, then they can approach the courts to ensure justice.
• If there is a situation where a powerful politician is involved in land encroachment of a citizen, the courts will be able to give unbiased judgement and protect the rights of the citizen as the politicians powers in appointing and dismissing the judges are limited as per constitution.
• The executive and the legislature will not be allowed to interfere in the work of the Judiciary. The court’s decision is not influenced by the Government in power. Hence we say that Indian Judiciary is independent.
• Once the judges are appointed it is extremely difficult to remove the judges.