Q20.Constitutionally guaranteed judicial independence is a prerequisite of democracy. Comment.

Constitutionally guaranteed judicial independence is a fundamental prerequisite for a thriving democracy, ensuring the rule of law and protecting citizens' rights from state overreach.

Its necessity stems from several critical functions:

• Ensures rule of law and constitutional supremacy, preventing arbitrary governance.
• Guards fundamental rights and liberties, shielding citizens from state excesses.
• Maintains checks and balances, preventing executive/legislative autocracy.
• Fosters public trust and impartial dispute resolution, crucial for social stability.

Constitutional Safeguards in India

The Indian Constitution enshrines specific provisions:

• Security of tenure for judges.
• Fixed service conditions, protecting against manipulation.
• Salaries charged on Consolidated Fund of India.
• Power to punish for contempt of court.

Without such constitutional guarantees, judicial independence would be vulnerable to political pressures, undermining democratic principles and the essence of justice.