Independent and impartial function of Judiciary

Independent and impartial function of Judiciary

The framers of the Constitution established independent and impartial judiciary in India. Independence of judiciary is important for the purpose of fair justice. Democratic country like India, judiciary is the custodian of rights of citizens. Therefore, the framers of the Indian Constitution at the time of framing of our constitution were concerned about the kind of judiciary our country should have. This concern of the members of the constituent assembly was responded by Dr. B.R. Ambedkar in the following words:

“There can be no difference of opinion in the House that our judiciary must be both independent of the executive and must also be competent in it. And the question is how these two objects can be secured.”

An effective judiciary should be independent as well as accountable. The independence of the judiciary is the independence of the exercise of the functions by the judges in an unbiased manner i.e. free from any external influence.

Public Interest Litigation (PIL): PIL is a litigation filed in a court of law for the protection of “public interest”. The Supreme court introduced this system which allows a person to approach the court with his case. PIL can be filed for the following reasons such as violation of basic human rights, religious rights, pollution, and road safety. This could be done by a written letter stating the case. This concept is unique to the Indian Judiciary.