Following are some means through which the independence of judiciary may be ensured:
1) High Social Status:
Firstly, the judge must be accorded a high social status. This will ensure the flow of competent and qualified persons to the profession and will ensure the integrity and impartiality of the judges. Law courts must have a sanctity behind them. This is why in India and elsewhere, a person may be punished for contempt of court, if he in any way disregards the dignity of the court or the judges.
2) Adequate emoluments:
Secondly, adequate emoluments should be paid to the judges. Otherwise, qualified persons, especially advocates of high repute, would not like to opt for such offices at the cost of financial loss. Judges of the Supreme Court and High Courts in India are well paid.
3) Separation of executive from judiciary:
Thirdly, the impartiality of judiciary is only possible when there is separation of functions between executive and judiciary. The judiciary should be kept free from the influence of the executive. It should enjoy the power of reviewing functions, which concern the executive. If the judiciary is under the executive then the judges cannot be impartial.
4) Importance on merit:
For maintaining the independence of judiciary, it is quite essential that judges should be appointed on merit. The appointment should be based on certain definite qualifications. They should have through knowledge of law.
5) Security of service:
The judge can remain independent only when they enjoy security of service. A judge cannot be able to deliver a decision against a person or organization that has the authority to remove him. Therefore, the judges should have security of job for discharge their duties impartially and independently. The method of removing the judges of the Supreme Court in India is very difficult, which assures the independence of judiciary.
6) Appointment of judges:
Lastly, the mode of appointment of the judges also has considerable influence over the independence of the judiciary. The election of judges by the people or the legislature is not conducive to the achievement of judicial independence. Even in case of executive appointment, the executives should not be in a position to remove the judges like any other civil servants. The Indian constitutional provisions relating to judicial appointment are ideal. Only qualified persons in law can be nominated by the President of India to function as judges.
However, the President cannot remove these judges at his will. Only, when a resolution to this effect is passed by the Parliament, the judges of the higher courts can be removed. All this is to ensure the independence of the judiciary.
The judiciary in a modern democratic state should be independent. Independence of judiciary means that it should be efficient, honest and impartial in imparting justice.
ADVERTISEMENTS:
Further, the judiciary should be free from all types of control. In case the judges are partial, biased and dishonest, the government machinery cannot work well. The peace and order situation in the country will come to the lowest ebb. The life and liberty of the people will be in danger. In the absence of an independent judiciary, the constitution would be a toy in the hands of the ruling party. Thus, the judiciary should be impartial and independent to act as the true guardian of the constitution.