Independence of Judiciary Non-Negotiable: Justice Ujjal Bhuyan Urges Lawyers to Speak Up

Background

Justice Ujjal Bhuyan, a sitting judge of the Supreme Court, has emphasized the critical importance of maintaining the independence of the judiciary. His remarks come amid ongoing concerns about external pressures on the judiciary and debates over judicial accountability. The independence of the judiciary is a cornerstone of India’s democratic structure, ensuring that judges can make decisions free from political or external influence.

Justice Bhuyan’s Key Statements

1. Call to Action for Lawyers

• Justice Bhuyan urged members of the legal fraternity to actively voice concerns when the judiciary’s independence is threatened.
• He stressed that lawyers play a pivotal role in safeguarding judicial integrity and maintaining public confidence in the legal system.

1. Judicial Independence as a Core Principle

• Justice Bhuyan reaffirmed that the judiciary’s independence is non-negotiable and essential for upholding constitutional values.
• He warned against any attempts to undermine the judiciary’s autonomy, stating that such actions pose a direct threat to the rule of law.

1. Role of the Bar and Bench

• He highlighted the mutual responsibility of judges and lawyers to protect judicial institutions from undue influence.
• According to Justice Bhuyan, lawyers’ active participation and vocal advocacy are vital in defending judicial independence.

Existing Measures to Safeguard Judicial Independence

1. Constitutional Framework

• Article 50 of the Constitution mandates the separation of the judiciary from the executive to prevent interference.
• The Collegium system ensures judicial appointments are free from political influence.

1. Judicial Review

• The judiciary has the power of judicial review to strike down unconstitutional laws or executive actions that threaten independence.

1. Security of Tenure

• Judges of the higher judiciary enjoy security of tenure and cannot be removed arbitrarily, safeguarding their ability to deliver unbiased judgments.

Challenges to Judicial Independence

1. Political and Executive Interference

• Concerns persist over executive overreach in judicial appointments and transfers.

1. Public Perception and Criticism

• Increasing public scrutiny and media narratives can shape perceptions about judicial neutrality.

1. Internal Accountability

• Balancing independence with mechanisms for judicial accountability remains a challenge.

Conclusion

Justice Ujjal Bhuyan’s remarks underscore the judiciary’s indispensable role in preserving democratic values and the rule of law. By calling on the legal community to actively protect judicial independence, he highlighted the collective responsibility to resist any attempts to undermine the judiciary’s autonomy. This reaffirmation is timely, given contemporary debates on judicial accountability and external influence on judicial processes.