An independent judiciary is essential for the robust growth of any democratic system. Only a fair and autonomous judiciary can uphold the rule of law and safeguard the fundamental rights of citizens. Our constitution envisages an independent judiciary which is free from executive or legislative interference. However, independence of the Judiciary does not mean arbitrariness or non-accountability. The Judiciary has accountability towards the people of India as well as towards the Constitution.

Why is the Independence of the Supreme Court Crucial for Safeguarding the Rule of Law?

Any civilisation will inevitably experience conflicts between people, groups, and individuals or groups and the government. In accordance with the rule of law, all disputes should be settled by an impartial tribunal. Under this principle, everyone, irrespective of wealth, gender, caste, or sexual orientation, is subject to the same laws..

The judiciary’s foremost duty is to protect the rule of law and maintain its supremacy. It protects individual rights, resolves conflicts in accordance with the law, and makes sure that democracy does not give way to dictatorship by a single person or a group. The judiciary must be free from all political interference in order for it to be able to accomplish duties and responsibilities bestowed upon it by the Constitution.

Constitutional Safeguards Ensuring the Independence of the Supreme Court

Constitution has provided a number of safeguards to ensure the independence of the judiciary-

• Independence in appointments: The process of appointing judges is isolated from the legislature and executive. Political affiliations do not influence the selection procedure. 
• Security of tenure: Judges are assured of secure tenures, serving until they reach retirement age. They can only be removed based on the grounds and processes defined by the constitution. The procedure for the removal of judges is complicated and challenging, as evidenced by the fact that no judge has ever been dismissed.
• Financial security: The financial aspects of the judiciary are autonomous and out of the reach of the executive or legislature. Judges’ salaries and allowances are not subject to parliamentary voting.
• Immunity from personal criticisms: Judges cannot be individually criticized for their decisions and actions. This provision allows penalties for those found guilty of Contempt of Court. This arrangement enables judges to render decisions without fear of repercussions, shielding them from unjust criticism.
• Conduct of judges cannot be discussed: Discussion of judges’ conduct is restricted: Parliament is not permitted to discuss judges’ behavior, except when deliberating on the removal process of a judge.
• Debarred from practice after retirement: Judges cannot engage in practice or plead before any court or authority within India after retirement. This rule ensures that judges perform their duties impartially, without anticipation of future advantages.
• Curtailing of jurisdiction is not allowed: Jurisdiction of the Supreme Court cannot be curtailed by the Parliament. Parliament can only expand the functions of the court through Article 138.
• Separation from the executive: Separation of Powers forms the bedrock of effective functioning of the democratic government. It is guaranteed that the executive does not wield judicial authority.
• Freedom to regulate its own functioning: The Supreme court can appoint its own staff, regulate its own function and make rules for itself. The executive and legislature cannot interfere in these processes.

Procedure of Court and the Independence of the Supreme Court

• Rule of Court: Article 145 provides for the Rule of Court. It states that the Supreme Court may, from time to time, with the approval of the President, make rules for generally regulating the practice and procedure of the Court. 
  • This is subject to the provisions of any law made by Parliament.  
  • This includes:
    • rules as to the persons practising before the Court, 
    • rules as to the procedure for hearing appeals, 
    • rules as to the granting of bail, rules as to stay of proceedings, etc.
• Fixing the number of Judges for Cases: Article 145 empowers the court to determine the minimum number of judges required for any function and may establish the roles of individual judges and division courts. 
  • Accordingly,  the SC has ruled that Constitutional cases or references made by the President under Article 143 are to be decided by a Bench consisting of at least five judges.
• Judgement by Majority Ruling: All judgments are pronounced in an open court. All the judgments and opinions are delivered by the Supreme Court with the concurrence of a majority of the Judges. However, a Judge who does not concur can deliver a dissenting judgement or opinion.