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Exercises · Q2

Q.Does independence of the judiciary mean that the judiciary is not accountable to any one? Write your answer in not more than 100 words.

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✓ Free question

No — independence of the judiciary is freedom from political pressure, not freedom from accountability; the judiciary remains answerable to the Constitution, to democratic traditions, and to the people.

Independence of the judiciary has a precise meaning: the executive and legislature must not restrain how the judiciary functions or interfere with its decisions, and judges must be free to rule without fear or favour. None of that requires the judiciary to be a law unto itself. It is part of the country's democratic political structure, and its rulings are still bound by the Constitution it is meant to uphold, by legal procedure, and by the expectations of the people it serves.

Real accountability mechanisms exist too — a judge can be removed for proven misbehaviour or incapacity through a Parliamentary motion, decisions can be appealed to a higher court, and the higher courts including the Supreme Court itself can review earlier rulings under Article 137. What independence protects against specifically is one narrow but crucial threat: political pressure from the government of the day trying to influence a particular decision.

✓Final answer

No. Independence of the judiciary means freedom from political pressure and interference by the executive and legislature, not freedom from all accountability. The judiciary stays accountable to the Constitution, to democratic traditions, and to the people — through mechanisms like removal for proven misbehaviour, appeal to higher courts, and the Supreme Court's own power to review its past judgments.

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