1.
Explaining the importance of an independent judiciary, highlight the relevant Constitutional provisions
that safeguard and ensure the independent and impartial functioning of the Supreme Court.
Approach:
- Briefly discuss the idea of independent judiciary.
- Explain the importance of an independent judiciary.
- Highlight the Constitutional provisions that safeguard and ensure the independent and impartial
functioning of the Supreme Court.
Answer:
The principle of judicial independence is a natural corollary of ‘Doctrine of separation of powers’ and is
designed to protect the system of justice, thereby maintaining public trust and confidence in the
judiciary. An independent judiciary is free from the influence or control of the legislature, the
executive and the popular opinion.
Importance of an independent judiciary:
- Independent & impartial judiciary upholds the rule of law, which is indispensable for a democratic
government, - It acts as a watch dog and checks whether the executive and legislature are functioning properly
without encroaching in each other’s domain. - It maintains the supremacy of the Constitution by deciding disputes between the Centre and States
or the states inter-se. - As the final interpreter and the guardian of the Constitution, judiciary protects the rights of the
individual and provides them equal justice without fear or favour.
Constitutional provisions that safeguard and ensure independent and impartial functioning of the
Supreme Court in India are: - Security of tenure: The judges of the Supreme Court can be removed from office by the President
only in the manner and on the grounds mentioned in the Constitution. - Appointment of judges of the Supreme Court: The Executive is required to consult Judges of the
Supreme Court and High courts in the appointment of the Judges of the Supreme Court. - Conditions of employment: The salaries and allowances of the judges of the Supreme Court are
fixed by the Constitution and charged upon the Consolidated Fund of India. - Powers of the Supreme Court: Parliament can extend, but cannot curtail the jurisdiction and power
of the Supreme Court (Art. 138). - Separation of judiciary from executive: Article 50 directs the State to take steps to separate the
judiciary from the executive in the public services of the State. - No discussion in Legislature on the conduct of the judges: According to Article 121 neither in
Parliament nor in a State Legislature a discussion can take place with respect to the conduct of a
Judge of the Supreme Court in discharge of his duties except during the impeachment process. - Power to punish for its contempt: The Supreme Court has the power to punish any person for its
contempt (Article 129). - Prohibition on practice after retirement: Article 124 prohibit retired judges of the Supreme Court to
appear and plead in any court or before any authority within the territory of India.
Independent judiciary is a lynchpin for a country like India and acts as a final vanguard for establishing
constitutional supremacy & ensuring social, economic & political justice for all the citizens of the
country.
2.
Mention the six freedoms as guaranteed under Article 19 of the Indian Constitution. Also, comment on
the way in which the constitution has attempted to strike a balance between individual liberty and
interests of society.
Approach:
- Mention the six freedoms as guaranteed under Article 19 of the Indian Constitution.
- Discuss the way in which the constitution has attempted to strike a balance between individual
liberty and social control.
Answer:
Article 19 of the Constitution provides for following six fundamental forms of freedom : - Freedom of speech and expression
- Freedom to assemble peacefully without arms
- Freedom to form associations or unions or co-operative societies
- Freedom to move freely throughout the territory of India
- Freedom to reside and settle in any part of the territory of India
- Freedom to practice any profession or to carry on any occupation, trade or business.
Balancing individual liberty and social interests
Liberty as conceived by the preamble or the fundamental rights is not completely absolute but
qualified. If left unchecked, liberty can create the conditions of lawlessness in the society, breed
separatism & antinational activities. Hence, the balance between individual liberty and larger social
interests has been achieved in the Constitution by putting ‘reasonable restrictions’ on the exercise of
this right for certain purposes viz.: - In case of freedom of speech and expression, State can impose reasonable restrictions on the
grounds of sovereignty and integrity of India, security of the state, friendly relations with foreign
states, public order, contempt of court, defamation, public order, decency and morality and
incitement to an offence. - Reasonable restriction is imposed on the exercise of right of assembly on two grounds-namely
sovereignty and integrity of India and public order including the maintenance of traffic in the area
concerned. Similarly, assembly of five or more persons may be restricted under section 141 of IPC on
certain specified grounds. - Reasonable restrictions can be imposed on freedom of association on the grounds of sovereignty
and integrity of India, public order and morality. - Freedom of movement and freedom of residence are subject to the interests of the general public
(For example SC held that the freedom of movement of prostitutes can be restricted on the ground
of public health) and the protection and interests of any scheduled tribe (to prevent distinctive
culture of tribals). - Freedom of profession can be restricted in the interest of general public by way of licensing,
prescribing professional or technical qualifications for certain trades etc. Immoral and dangerous
profession/business or trade is not included under this right.
A right balance between individual liberty and societal interest will lead to a rule based order where
citizens can participate fully and effectively in the social and political process of the country.
