THE INDEPENDENCE OF THE JUDICIARY IN INDIA IN LIGHT OFRECENT EVENTS : “A CRITICAL ANALYSIS”

Ever since, 1979, judiciary started playing a more assertive role in the national arena, perhaps not
even envisaged by the architects’ of the Constitution. It has become an active participant in providing
social justice by issuing strictures and corrective actions in respect of policies of government, public
bodies and authorities. It all began in 1979, when the Supreme Court ruled that the under trails
at a Bihar jail had already served more period of pre-trail detention as they would have served if
convicted. Similar, rulings thereafter were passed in respect of various human rights violations taking
place, e.g. stone quarry bonded labourers in Agra, plight of jail inmates, etc. However, in recent
times, rather than only enforcing the rights for the disadvantaged or poor sections of the society, the
rulings of the apex courts has started correcting the actions or omissions of the executive or public
officials or departments of government or public bodies. Some examples of these are: Supreme Court
ordered control over automobile emissions, air and noise and traffic pollution, gave orders for parking
charges, wearing of helmets in cities, cleanliness in housing colonies, disposal of garbage, control of
traffic in New Delhi, made compulsory the wearing of seat belts, ordered action plans to control and
prevent the monkey menace in cities and towns, ordered measures to prevent accidents at unmanned
railway level crossings, prevent ragging of college fresher’s, for control of loudspeakers, banning of
fire crackers, etc. The court has issued such orders based on its authority to protect and enforce the
Fundamental Rights of the citizens of the country under Article 32 of the Constitution. However,
in light of recent events, it has been an awakening time to get a fast track check on the system of
appointment of Judges, without hampering the independence of the judiciary.2