Judicial Appointments in Other Countries

In other countries, the Judges are elected by the people. In such a case, they are accountable to the people for their actions. In other countries they are appointed by the Parliament and they are answerable to the Parliament. But, in India, the Judges are appointed under the hand and seal of the President. But they are not answerable to the President for their actions. In the first 25 years placed confidence and reliance on the integrity and honesty of the Judges. And in any other event, it was left to their self-introspection, when a little finger is raised against a Judge or a court. 

Now, the Judges in India are feeling that their office is so secure, that cannot be removed from their office in any ordinary course. Except in this case o an impeachment-motion moved and passed with a 2/3rd majority in the house. Today under Indian Political system, it is highly impossible to secure 2/3rd majority in the Parliament. By knowing this position, the Judges in the Higher Judiciary, now enjoying unperturbed position. There is no need to raise any grievance against any possible disturbance over the Independence of Judiciary. Interpretation of the constitution besides exercising powers of Judicial review over the administrative acts of the Executive or the Acts passed by the legislature, by testing their constitutional validity, besides interpreting the constitution.

The roots of an impartial and independent Judiciary are deeply embedded in our Indian Democracy. The constitutional rights of every Indian to have her/his legal issues decided by a fair and impartial judicial decision-maker. Judicial Independence does not exist to serve the interest of the other two branches of the government. Executive and Legislature exists to serve and protect the general public citizens. Judicial Independence is important for the existence of a free-society only. As it is governed by the Rule of Law. The people of this country, not only desire to have an Independence Judiciary, for the purpose of getting impartial Justice to them, but also free from corruption and bias.

Independence of the Modern Judiciary has many facts. The external facets, that held to undermine the Independence of Judiciary, are well recognized. Judicial Independence is priceless property of any country under the Rule of Law. But, the Judicial Independence rests on the calibre and the character of the Judges themselves. The constitution of India is supreme in the country. Any law inconsistent with or in derogation of the provisions of the constitution, is void. Article 50 of the constitution enjoins the state and in fact separated the Judiciary from the Executive in the Public Services of the State. 

It is the constitutional duty of the Judiciary to adjudicate the disputes between the citizens and the citizens, citizens and state, state intense, and the states and the centre in accordance with the constitution and the Independence and Integrity of the Judiciary in a democratize system of a government is of the highest importance and dispensation of Justice by an impartial presiding Judge without fear or favour, affection or ill-will is the cardinal creed and it is Jealously protected by the constitution. 

The confidence of the people is in the impartial deliverance of the Justice that is binding force for the acceptance of Judicial System it provides, to solicit respect, faith and obedience to the orders passed by the court, in the process of deliverance of the court. It must not only be independent, the Judiciary must have efficacy, efficiency and expeditious delivery of Justice. If any one of these qualities in the Judicial System is missing / absent, the faith of the people gets eroded. 

Judicial Independence means total liberty of the presiding Judge to try, hear and decide the cases that have come before him according to the set procedure of law and to give binding decisions in merits without fear or favour. Independence is not limited to insulting the Judge from the Executive pressure alone, it’s sphere extends to many other impeccable zones of pressure or prejudice. 

Judges should be made of stem stuff, unbending before the power, economic or political, which alone would ensure fair Justice Percolating to the person deserves it. The Judges on the rolls in the system of Judiciary should be persons of sterling character, impeccable integrity, un-daunting, cottage and determination, where impartiality and Independence are the command of the constitution and the needs of the people. If the people lose confidence in the credentials / quality of the Judgement and feel that they are not receiving a fair-hearing and true Justice, ultimately they start suspecting the system of the Judiciary, and not inclining to obey the orders of the Judges. Judiciary requires not only independence, but also fairness.


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