"Constitutionally guaranteed judicial independence is a prerequisite of democracy." Comment.
Approach · directive: “comment”
What it asks · Comment on why an independent judiciary is essential to democracy, how the Constitution secures that independence, and where it is under strain.
It asks 3 things — answer each
- Comment: why an independent judiciary is a prerequisite of democracy
- Comment: how the Constitution guarantees that independence
- Comment: strains on independence in practice, and the way forward with accountability
Open with · Article 50 directs the State to separate the judiciary from the executive: democracy is rule under law, and only a court beyond the reach of rulers can enforce it, so independence is a condition of democracy.
Cover
- Why a prerequisite: judicial review keeps majorities within the Constitution; Article 32 rights need an impartial court; Union–State disputes need a trusted umpire.
- Tenure: removal only for proved misbehaviour or incapacity, by special majority in both Houses (Article 124(4)).
- Pay and insulation: salaries charged on the Consolidated Fund (Article 112); no debate on a judge's conduct (Article 121); no practice after retirement (Article 124(7)).
- Doctrine: independence is basic structure; Second Judges Case (1993) gave judges primacy; NJAC Act struck down (2015).
- Strains: 324 of 1,114 High Court posts vacant (December 2023), opaque collegium, executive delay, post-retirement posts.
- Way forward: transparent selection with reasons, time-bound clearance, credible in-house discipline.
Close with · A judiciary both free and answerable meets SDG 16.6 (effective, accountable and transparent institutions) and remains the keystone of constitutional democracy.
Add value (verified)
- Article 124(4): a Supreme Court judge can be removed only by an order of the President after an address by each House of Parliament, on proved misbehaviour or incapacity.The Constitution of India (as on 1 May 2024), Article 124(4) - Legislative Department ↗“shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House”
- Article 50 directs the State to separate the judiciary from the executive in the public services of the State.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 50 ↗“The State shall take steps to separate the judiciary from the executive in the public services of the State.”
- Article 112(3)(d) charges the salaries, allowances and pensions of Supreme Court judges on the Consolidated Fund of India.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 112(3)(d) ↗“(d) (i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court”
- Article 124(7) bars a retired Supreme Court judge from pleading or acting in any court or before any authority in India.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 124(7) ↗“No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.”
- Rajya Sabha reply of 7 December 2023: the Supreme Court was at full strength, but 324 of 1,114 sanctioned High Court posts were vacant.Rajya Sabha Starred Question No. 50, answered on 07.12.2023 - Ministry of Law and Justice, Department of Justice ↗“the Supreme Court is functioning at full strength and there is no vacancy. As regards the High Courts, against the sanctioned strength of 1114 Judges, 790 Judges are working and 324 post of Judges are vacant”
- SDG target 16.6: develop effective, accountable and transparent institutions at all levels.Goal 16 - United Nations Department of Economic and Social Affairs, Sustainable Development ↗“Target 16.6 Develop effective, accountable and transparent institutions at all levels”
Question: UPSC's CS (Main) 2023, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 225words · Minimalist IAS
Democracy is rule under law, and law binds rulers only when an umpire beyond their reach enforces it; hence Article 50 separates the judiciary from the executive. Independence is democracy's condition, not judges' privilege.
Why independence is a prerequisite of democracy
- Constitutional limits: judicial review keeps majorities within the Constitution.
- Rights: Article 32 rights are only as strong as an impartial court.
- Federal umpire: Union–State disputes need an arbiter all sides trust.
How the Constitution guarantees independence
Judicial independence: Secure tenure; Charged salaries; No debate on conduct (Art 121); No practice after office (Art 124(7)); Basic structure
- Security of tenure: removal only for proved misbehaviour or incapacity, by special majority in both Houses (Article 124(4)).
- Financial security: salaries and pensions are charged on the Consolidated Fund (Article 112), free of the annual vote.
- Judicial doctrine: independence is part of the basic structure; the Second Judges Case (1993) gave judges primacy in appointments; the NJAC Act was struck down in 2015.
Strains in practice
- Vacancies: 324 of 1,114 High Court posts lay vacant in December 2023 (Rajya Sabha reply).
- Opaque process: unpublished collegium criteria, executive delays, and post-retirement posts inviting doubts of favour.
Way forward
- Accountable independence: transparent selection with reasons, time-bound clearance and credible in-house discipline.
A judiciary both free and answerable meets SDG 16.6, effective, accountable and transparent institutions: the keystone of constitutional democracy.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
