Judicial Independence

Context:  Judiciary is being disparaged for personal and political gain.

Significance of Independence of Judiciary:

• A basic feature of the Constitution.
• It is the guardian and protector of our fundamental rights 

Cases of Judicial Activism in India: preserving judicial independence.

• N.J.A.C. judgement- rejected the National Judicial Appointments Commission (N.J.A.C.) Act and the 99th Constitutional Amendment which sought to give political executive and civil society a final say in the appointment of judges to the highest courts. 

• Goa mining case – against the expectations of State government on the resumption of mining

• Aadhar case- though upheld the constitutional validity of Aadhar, it struck down important clauses affecting the privacy of individuals.

• The Supreme Court also struck down the Reserve Bank of India’s framework resolution plan for debt recovery that was proposed to ease the pains related to stranded assets.

Tackling the criticisms to Judicial Activism: 

• Limited political interference: It is often alleged that the vacancies and the appointment of judges are politically manipulated; on the contrary,  political executives have a limited role in the process.

• Not an aggressive government similar to the Emergency era: as it was a classic example of when the courts abdicated their role in enforcing the rule of law. 

• Mending the irregularities: Striking down spectrum allocations, allocations of coal mines, squashing of CVC appointment that went against procedural irregularities and not politically motivated.

• Threats of impeachments impact the credibility of the judiciary:

• In case a judgement going against lawmakers or political executive, impact the judgement and credibility of the institution. 

Conclusion:  The Supreme Court is not a political organ of the State. It is not the duty of the Court to appease the aspirations of political proxies and under no circumstances can retributive attacks on its integrity and independence be condoned.