Supreme Court Judge Emphasizes Importance of Judicial Independence in Upholding Rule of Law
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In a significant address, Supreme Court Judge Justice B V Nagarathna stressed that judicial independence and the supremacy of the law are crucial in safeguarding the rule of law from political pressures. Speaking at the International Convention on 'The Independence of Judiciary: Comparative Perspectives on Rights, Institutions, and Citizens' at OP Jindal Global University, Justice Nagarathna emphasized that insulating judges from external influences is vital to maintaining the rule of law. The judge explained that the rule of law is built on a dual faith - in the Constitution of India and in the courts as the guarantor of individual rights and liberties. She highlighted the significance of judicial review in a democracy governed by the rule of law, which adds new dimensions to judicial independence. Justice Nagarathna referred to the landmark Kesavananda Bharati case, which exemplifies the two essential aspects of judicial independence: independence in decision-making and institutional independence. She emphasized that judicial independence is preserved when the courtroom remains a forum of reason, rationality, and inquiry, free from predilections. The judge underscored that the founding fathers of the Constitution considered judicial independence a fundamental right of citizens, rather than a privilege for judges. She stressed that sustained preservation of this right guarantees the preservation of the rule of law. Justice Nagarathna also emphasized the importance of political insularity in maintaining judicial independence. She noted that impartiality and insularity are critical components of judicial independence, which requires judges to remain detached from political and social pressures. In conclusion, Justice Nagarathna emphasized that judicial independence is not just institutional, but also intellectual and moral. It demands the freedom to reason, the humility to listen, and the duty to contribute to the discourse, especially when tackling hard questions. By upholding judicial independence, the judiciary can ensure the rule of law remains a cornerstone of democracy.
