Need to equip judiciary to deal with forces of populism

Non-political appointments, security of tenure and rigorous procedure for removal are among the several measures needed to strengthen the institution, bolster its independence.

Judiciary, Ranjan Gogoi, Independence of judiciary, CJI Ranjan gogoi, Supreme court, SC collegium, legal syatem, indian express, express editorial — Independence of the judiciary as an institution is different from independence of judges as the fountainheads of justice. (Illustration by C R Sasikumar)

The word “independent” has been variously defined and understood across different societies and cultures. However, in legal systems the word means and implies “not dependent on” or “not controlled by” any outside agency or source. Independence could be said to be the very soul of a functional judiciary. Whatever be the political system of governance, people across nations aspire for a free and independent judicial system to serve them. Every judicial system is required to functionally wield what may be referred to as the “power to judge” or the “power to finally decide” — what is “judged” or “finally decided” is human conduct or decisions or a state of things. It is natural that such “power” would come to be exercised when any such decisions, conduct or state of things, different and divergent from the accepted ones, is questioned, challenged and even sought to be brought in line with the accepted one. It is such “function” and “decision” of the judge that must be “independent” of any extraneous consideration or of any fear or prejudice of the judge himself.