Independent Judiciary is need of hour in India
Transfer of judges is an internal matter of the judiciary and the government has no role to play in the process. Independence of judiciary was non-negotiabl, Supreme Court judge Justice Ujjal Bhuyan asserted while delivering G V Pandit Memorial Lecture at the ILS Law College in Pune.
Transfer of a judge is always for the better administration of justice. It is an internal matter of the judiciary. The government can have no say in that.
By the very nature of things, the Centre can have no say in the transfer and posting of judges. It cannot be said that such and such a judge should not or should be transferred, or if transferred, to such and such High Court. Therefore independence of the judiciary is a basic feature of the Constitution.
It is non-negotiable. It is for the judiciary, or rather the members of the judiciary, to see to it that its independence is maintained at all costs in order to ensure its continued relevance and legitimacy. Credibility is vital for the institution.
If yje judiciary loses its credibility, nothing will be left of the judiciary. It will be there, judges will be there, courts will be there, it will adjudicate, but its heart and soul will have evaporated.
The country's founding fathers chose supremacy of the Constitution over the sovereignty of Parliament In India, Parliament is not supreme, the Constitution is supreme.
There were two main reasons for this. First, to make sure that our country is governed by some basic and essential principles that cannot be compromised. Second, because of our colonial past, our leaders did not want to give unlimited power to Parliament without proper checks and balances.
From this viewpoint, constitutional morality becomes very important as it ensures that democratic institutions respect the core values of liberty and justice.
It requires those in power to show restraint and follow constitutional values, instead of forcing decisions using numbers, authority, or power.
Constitutional morality means that the country is governed by the rule of law, not by the rule of individuals or the majority, and an independent judiciary is not only necessary to protect the rule of law but is also a central pillar of democracy.
