The cornerstone of democracy is an independent and impartial court, which should be free of political influences and concerns. India cannot have two separate legal systems, one for the wealthy and resourceful, as well as those in positions of political power, and the other for the poor and powerless. To maintain citizens’ trust, the “colonial mindset meted out to the district judiciary” must change, and judges are made targets when they speak up for what is right. The existence of a dual system will only erode the law’s validity.

The State machinery must also be devoted to the rule of law and demonstrate its ability and willingness to follow the norms it creates so that its activities do not cross the line into governmental lawlessness. If citizens’ faith in the administration of justice is to be preserved, attention must be paid to the district judiciary as well as the higher judiciary. Trial court judges operate in deplorable conditions, with little infrastructure and protection, and there have been instances of judges being targeted for standing up for what is right. In addition, there is an unfortunate subservience to the administration of the High Court when it comes to transfers and postings, which makes them vulnerable.

Only then will civil rights be meaningfully safeguarded in the trial courts, which are the first line of defense for individuals who have been wronged, for all stakeholders, including the accused, victims, and civil society. Separation of powers is the foundation of the judiciary as an independent institution. Individual judges must be able to adjudicate conflicts in accordance with the law without being influenced by other influences, which necessitates the independence of the judiciary and individual judge. Individual judges’ independence also includes their independence from their superiors and peers, with the district judiciary’s independence being particularly provided for in our Constitution. This is inherent in Article 50 of the Constitution, which states that the state must take steps to separate the judiciary from the executive branch of government in the public sector. The district judiciary is administered by the High Court, which must ensure and strengthen its independence from external influence and control. This separation of the judiciary and the executive should not be violated by interfering with the judges’ personal decision-making and the conduct of court proceedings under them. A judiciary susceptible to such pressures allows politicians to operate with impunity and encourages criminality to thrive within the State’s political apparatus. Judges are unafraid to follow the law and should be wary of launching into a diatribe against the State authorities without due care and reflection.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge