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Judicial independence, supremacy of law work together to guarantee rule of law not eroded: SC judge
Judicial independence, supremacy of law work together to guarantee rule of law not eroded: SC judge
Sonipat, Supreme court judge Justice B V Nagarathna on Saturday emphasized that judicial independence and supremacy of the law work together to guarantee that the rule of law will not be eroded by political pressures in existence at any particular point in time.
"Insulating judges from political and extraneous influence is vital to this objective. Both these concepts are therefore important underpinnings to the rule of law which we cannot afford to take for granted," Justice Nagarathna said.
The judge was speaking during the international convention on 'The Independence of Judiciary: Comparative perceptive on rights, institutions and citizens' at the OP Jindal Global University here.
On this occasion, the world's largest moot court, 'Nyayabhyasa Mandapam' was inaugurated. The International Mooting Academy for Advocacy, Negotiation, Dispute Adjudication, Arbitration and Resolution was also inaugurated.
Justice Nagarathna said the rule of law contemplates a vision, based on a dual faith.
"First, the faith in the Constitution of India binding even democratic legislatures; the principal content of such higher law being norms protecting individual rights and liberties against tyrannies.
Second, the faith in courts, constitutional or general, supreme or regular, as the most efficient guarantee for the effectiveness and enforcement of such higher law, in an independent and impartial manner.
It is this dual faith, that recognises judicial review by an independent and impartial judiciary, as the hallmark of the very notion of the rule of law," said the judge.
The importance of judicial review in a democracy governed by the rule of law, adds new layers to judicial independence and makes this requirement additionally compelling, said the judge.
Referring to the famous 1973 Kesavananda Bharati case, justice Nagarathna said it is the exemplification of the two central facets of judicial independence, independence in decision making and institutional independence.
"The thirteen judges were independent in their reasoning, yet united as an independent institution of justice and committed to the Constitution's capacity to reflect plural voices within national unity.
Judicial independence is preserved when the courtroom remains a forum of reason, rationality and inquiry, free from any predilections. The Basic Structure Doctrine emerged out of this pluralism," said justice Nagarathna.
The SC judge further said the founding parents of the Constitution considered independence of the judiciary a right of the citizen more than a privilege for the judges, adding that the sustained preservation of this right guarantees the preservation of rule of law.
The conduct of a judge has to be more than merely lawful and also said independence of judicial thought and conduct must not only exist but must also be perceived by the public to be beyond suspicion, said Justice Nagarathna.
"That is our duty and the tall order we must live up to," she said.
Independence is preserved not by what we say in our judgments or in our defences but by what we refuse to do in our private conduct, said Justice Nagarathna.
The judge further stressed that political insularity is critical to the independence of the judiciary.
"In formulating a general definition of judicial independence, most scholars have placed a great deal of emphasis on impartiality and insularity. Impartiality can be thought of as related to judges' attitudes and beliefs as well as their behaviour vis-Ã -vis particular political and social actors.
On the other hand, insularity relates to the notion that Courts must not become grounds for realization of political aims.
The third component places emphasis on the position of the courts within the larger political system and their functional relationship with other branches of the government.
"Rule of law hinges on stability and requires an institutional commitment to respect the past while moving towards the future," said justice Nagarathna.
"Judicial independence is ultimately the conviction, courage and independence of individual judges who decide matters before a court of law. For the judiciary, this means that independence is not only institutional. It is intellectual and moral: the freedom to reason, the humility to listen, and the duty to contribute to the discourse especially when the Court needs to tackle hard questions," said the judge.
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