The constitution maker gave a pride place to the independence of judiciary in constitution. It embodies in a solemn form all ideals and aspirations for which the citizen of the country dreaming of. The holy book of Constitution of India can only be sacrosanct when Preamble of the constitution has to be attached in a constitutional statute. The beginning word of preamble of constitution says “we the people of India” so the ultimate legal sovereignty under the constitution of India resides in the people who would dare maintain that they alone constituted the “people” of the country the time of framing of the constitution. The preamble of constitution is of extreme importance and the constitution should be read and interpreted in the light of the grand and noble vision expressed in the preamble. The uniform doctrine of the highest judicial authority has accordingly been , that it was the act of the people and not of the states. The independence of judiciary can only be maintained when people what ever be the designation is free from greed, fear and most importantly sacrificing the material world. The role of the courts is not ordinary but most sacrosanct. The prohibition of discrimination on the ground of religion, race, caste, sex or place of birth the right of equality before law, Equality of opportunity in matters of public employment , right to freedom of speech and expression, to assemble peaceably and without arms to form association or unions ,to move freely throughout the country, to reside and settle in any part of the territory of India , to acquire ,hold and dispose of property; and to practice any profession or to carry on any occupation trade or business . Reasonable restriction can also be imposed on the rights under article 19 of the constitution in respect of various matters. The most importantly that no persons shall be deprived of his life or personal liberty except according to procedure established by law. The last hope of a citizen is from all kind of injustice is Judiciary so independent of judiciary is paramount .The fundamental importance of the freedom of the individual indeed its inalienability ,and the importance of the economic ,social and political justice can only be secured when our judiciary is independent. Judicial independence is the concept that the judiciary should be independent from the other branches of government. That the courts should not be subject to improper influence from other branches of government or from private or partisan interests. It is virtually important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with the law.
The responsibility of the Judiciary has manifold increased together with the growth in governmental functions over the last century. The responsibility of the judiciary to protect citizens against unlawful acts of government has thus increased , and with the need for the judiciary to be independent of government gives breath to the citizen while in a coffin.
SUDHANSU PALO
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
