Question

You read that one of the main functions of the judiciary is ‘upholding the law and Enforcing Fundamental Rights’. Why do you think an independent judiciary is necessary to carry out this important function?

Answer 1

It is necessary to have an independent judiciary to carry out the basic function of “upholding the law and enforcing Fundamental Rights” because the judiciary plays a crucial role in the functioning of India’s democracy. It can function in this capacity only if it is independent of pressure from the legislature and the executive. This ensures two important things: one, the separation of powers between the judiciary, legislature and the executive can be maintained smoothly; two, any citizen can approach the courts of law if his/her Fundamental Rights are violated, without fear of disputes being solved in favour of those in power.