The judiciary performs an essential function in society and for the upholding of social order. Its primary characteristic is to solve conflicts through the application of pre‐existing norms or, in a few cases precedents that have been issued by valid procedures, as identified by the political system. In adjudicating disputes, judges are concern to the law, which means that their choices are primarily based at the application of the law, as issued by Parliament and/or by different valid sources supplied for by the political system. The law is a made from society and, in theory, displays community expectations. For those reasons, judicial decisions may be taken into consideration the product of the entire society.
The Central government took steps to reinforce and aid judiciary and to hold its independence, as stated by Union Law Minister Kiren Rijiju. In his address, he pondered upon the problems confronted by younger legal professionals who aren't sponsored through the power of big corporations. He stated that he is devoted to take steps to offer help to such legal professionals. He additionally took a moment to comprehend the work achieved by the Supreme Court at some stage in the hard COVID‐19 pandemic duration. He opined that pendency in lower courts is a problem that wishes to be addressed with urgency. Further, he remarked that if justice is not on time for more than 3 years, it would quantity to denial of justice. (1)
POSITION OF JUDICIARY
The position of the judiciary and the management of justice is, however complicated and responds to broader social needs. A historic technique to the improvement of the judicial characteristic is relevant to knowledge the complexity of current judicial power. The power that the judiciary holds is likewise due, in part, to the fact that those who appear in court, are not empowered actors in those settings. This power dynamic emphasizes the importance of judicial role and judicial integrity, however additionally the importance of lawyers/legal professionals as additional 'guardians' of fair trial. Lawyers/legal professional’s primary responsibility is to advise, help and constitute the events in courts to shield their rights and interests, to make a contribution to the proper functioning of the management of justice and to sell a culture of lawfulness in society. The independence of the judiciary needs to be complemented with manner to make sure that judges, and the judiciary as an entire, comply with society's democratic precept of accountability. In a democratic society, each organization stays accountable. As burdened by a few scholars, if a democracy is nicely functioning, no institution is absolutely independent (2). Judicial independence is the idea that courts must not be subject to incorrect impact from the other branches of government, or from personal or partisan interests. This is essential for the right functioning of a State based on democratic values.
The Rule of Law calls for judicial independence in order that human beings can take their disputes to court and have them resolved consistent with law. Without judicial independence, other Rule of Law concepts along with clear and public laws, applying similarly to all without discrimination, could be undermined. Constitution Bench in the Second Judges Appointment (3) declared: Independence of Judiciary is the sine qua non of democracy. So long as the Judiciary stays clearly distinct from the Legislature and the Executive, the overall power of the people can never be endangered from any quarters. Montesquieu in his book Spirit of Laws located there may be no liberty, if the power of judging be not separated from the legislative and the Executive powers. Courts have constantly attempted to uphold the Independence of Judiciary and feature that the Independence of Judiciary is a primary characteristic of the Constitution of India. Courts have stated to so due to the fact the Independence of Judiciary is needful for the smooth functioning of the Constitution of India and for a awareness of a democratic society based on the Rule of Law.
The comparative observation of the constitutional provisions exhibits that the judicature is no less essential than the other organ of the State. It maintains every organ of the State or other constitutional and non‐ constitutional bodies inside their limits assigned to them and prevent encroachment on the sector of every other. Thus, it prevents chaos and works for peace prosperity communal concord and amity.
1. Bar & Bench,https://www.barandbench.com/news/litigation/central-government-will-strengthen-independence-of-judiciary-law-minister-kiren-rijiju (last visited 5th Sept 2021)
2. Friedman, 2004, p. 99; Cappelletti, 1989
3. Supreme Court Advocates‐on‐Record Association &Anr. Vs Union of India Writ Petition ﴾Civil﴿ 1303 of 1987