GS Paper 2
Topics Covered: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
Context:
The Supreme Court had taken suo motu cognisance of the attacks on judges along with petitions pending since 2019 seeking better protection for the judiciary and in courts.
- The turning point was the recent murder of a judge in Jharkhand, Uttam Anand, in broad daylight.
- The court had asked the Centre’s opinion on forming a central security outfit in the manner of the Railway Protection Force to protect courts and judges.
Latest updates:
During the latest hearing, Union government has told the Supreme Court that:
- It is “not advisable” to form a Central security force to protect the judiciary and court complexes. Security of courts was “better left to the States”.
- It is because problems of security vary from State to State. So, the State police would be better equipped to gauge the deployment needs in local courts and take care of logistics of transporting criminals and protecting witnesses, among other crucial functions within court complexes.
- Moreover, ‘police’ is a State subject under the Constitution.
What did the court say?
Several States had not bothered to file affidavits detailing the security arrangements in place for courts. Others who had filed affidavits presented a “lazy picture” of the security arrangements.
- The court allowed the States to file their affidavits in 10 days subject to paying ₹1 lakh each as costs.
- The court warned that Chief Secretaries would be summoned in case of non-compliance.
Need for:
Independence of the judiciary is an integral part of the basic structure of our Constitution. Judges are entrusted with an onerous job.
- It is their responsibility to ensure that justice is done.
- Popular sentiment requires them to act in a manner depicting that justice is not only done, but also appears to be done.
- They make big decisions that require them to act fearless and impartially. When judges are fearful, it impedes their ability to do their jobs”.
- Absence of bias is fundamental to judicial integrity.
- Any influence on the judiciary by either the State or the litigants, adversely impacts the fair administration of justice.
- An independent judiciary free from any pressures, inducements, enticements or intimidations is the cornerstone of any Constitutional democracy.
Concerns/challenges:
Judges face security threats both inside as well as beyond their courtrooms. Their job requires them to routinely deal with antisocial elements. This makes them as well as their family members susceptible to attacks. The recent murder of an Additional District Judge from Jharkhand, Uttam Anand, highlights the vulnerability of judicial officers.
Insta Curious:
Do you know the differences between legislation and common law? Reference: Read this.
InstaLinks:
Prelims Link:
- Key Provisions related to the independence of Judiciary.
- About 42 Amendment to the Constitution.
Mains Link:
Discuss the need for and significance of the independence of the judiciary.
Sources: the Hindu.
