Constitutionally guaranteed judicial independence is a prerequisite of democracy. Comment.

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Ghissu Editorial · Accepted Answer

Constitutional guarantees of tenure, salary and insulation let the judiciary restrain elected majorities, which makes its independence a precondition of democracy. Kesavananda Bharati (1973) and Indira Gandhi v. Raj Narain (1975) show independent courts protecting the basic structure and free elections.

**Introduction**

The Fourth Judges Case (2015) struck down the NJAC because judicial independence is a basic feature. Democracy needs an umpire who can restrain an elected majority, and the Constitution guarantees that umpire's independence.

**Constitutional Guarantees of Independence**

1. **Tenure and salary**: Judges are removable only on proved misbehaviour or incapacity by a special-majority address of Parliament (Article 124(4)), and salaries are charged on the Consolidated Fund and protected from cuts after appointment (Articles 112 and 125).
2. **Insulation**: Legislatures cannot discuss judges' conduct (Articles 121 and 211), contempt power (Article 129) protects authority, Article 50 separates the judiciary from the executive, and retired judges cannot practise (Article 124(7)).

**Why Democracy Depends on It**

SKETCH: flow | Independence Sustains Democracy
- Secure, insulated judges
- Fearless judicial review
- Rights and elections guarded
- Trust in rule of law

1. **Limits on majorities**: Kesavananda Bharati (1973) and Minerva Mills (1980) kept even Parliament's amending power within the basic structure.
2. **Guarding elections**: Indira Gandhi v. Raj Narain (1975) struck down the 39th Amendment clause shielding the Prime Minister's election from judicial scrutiny.
3. **Cost of deference**: A deferential Court in ADM Jabalpur (1976) let habeas corpus be suspended during the Emergency, a wrong Puttaswamy (2017) expressly overruled.
4. **Accountability too**: Opaque collegium appointments, post-retirement posts and 5.29 crore pending cases (Law Ministry, July 2025) erode trust, so independence must come with transparency.

**Conclusion**

Judicial independence is a working precondition of democracy, not a privilege of judges. With transparent appointments and accountable conduct, it keeps the Constitution, not the majority of the day, supreme, which is the essence of constitutional democracy.

Constitutionally guaranteed judicial independence is a prerequisite of democracy. Comment.

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