Senior advocate KK Venugopal pointed out that in the early years of Independent India, the judiciary was so independent that Prime Minister Jawaharlal Nehru had strong concerns about its actions. Venugopal’s comments highlight how the judiciary was committed to staying free from political pressure. This tradition still shapes India’s legal system, ensuring a clear separation of powers and protecting the rule of law.
Senior lawyer KK Venugopal remarked on the independence of judges in the early years of independent India, noting that “they were so autonomous that the first Prime Minister, Jawaharlal Nehru, made very strong statements against them”.
Venugopal, who served as Attorney General of India from July 2017 until September 2022, recalled Nehru asserting that “judges cannot sit as a fourth house of parliament.”
Born in 1931, Venugopal has practiced in nearly every high court in India, except for two or three. He mentioned that Mohan Kumaramangalam launched a harsh criticism of the judiciary for repeatedly striking down land reform laws, suggesting that the judges belonged to an “elitist class.”
He explained that these laws were reinstated through amendments to the Constitution, leading to the creation of Articles 31A, 31B, and 31C.
Venugopal stated,
“And with that, so far as the judges were concerned, they were put in their place by the executive of that time.”
He noted that while Nehru threatened to “pack the court,” this became unnecessary as judges later emerged as significant political figures through public interest litigation.
He observed,
“There was no sphere of human activity in which the judges were not concerned,” leading to unusual judgments where the Supreme Court took on governance roles over the past two decades.
He acknowledged that today, many judges in the Supreme Court are still very independent, delivering balanced judgments, sometimes even against the government.
However, he pointed out,
“There is a small section, which I think is quite favourable to the government,” leading to decisions that deny bail to certain detainees.
He remarked,
“Otherwise, there’s a good section which is wholly independent.”
When asked about the advocates of his legacy, Venugopal named Justice Rohinton Fali Nariman and Justice KV Viswanathan, expressing high expectations for Viswanathan, who he believes will be a future Chief Justice.
He stated,
“I found that in the short period of a few months, Viswanathan was totally independent,”
He also praised his collaboration with Justice BR Gavai, who is also known for his independence.
Judicial independence means that the judiciary, or the system of courts, works freely without any control or pressure from the government, politicians, or other outside influences. It is an important part of democracy and the rule of law. This ensures that judges can make fair decisions based only on the law and facts, without fear of punishment or interference.
Key Constitutional Provisions for Judicial Independence
Separation of Powers:
- Article 50: This article directs the State to keep the judiciary separate from the executive in public services. This separation ensures that the judiciary operates independently from the government.
Judges’ Appointments:
- Articles 124(2), 217, and 222: These articles outline the process for appointing judges to the Supreme Court and High Courts. The President of India appoints judges after consulting with the judiciary, following the collegium system.
Tenure and Security of Judges:
- Article 124(4): Judges of the Supreme Court can only be removed through a special impeachment process for proven misbehaviour or incapacity.
- Article 217: Similar protections apply to High Court judges, ensuring they cannot be removed arbitrarily.
Salaries and Allowances:
- Articles 125 and 221: The salaries, allowances, and pensions of judges are paid from the Consolidated Fund of India or the state and cannot be reduced to their disadvantage during their term.
Prohibition on Practice:
- Article 124(7): A retired Supreme Court judge is not allowed to practice law or represent anyone in any court or before any authority in India. This helps prevent undue influence after retirement.
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Powers of Judicial Review:
- Articles 13, 32, and 226: These articles give the judiciary the power to review laws and executive actions to ensure they are constitutional, providing checks and balances on other branches of government.
Contempt of Court:
- Articles 129 and 215: These articles grant the Supreme Court and High Courts the authority to punish for contempt, which helps protect the dignity and authority of the judiciary.
Freedom from Arbitrary Transfers:
- Article 222: High Court judges can only be transferred by the President after consulting the Chief Justice of India, ensuring fairness in transfer decisions.
Independent Conduct of Judicial Functions:
- Article 141: Decisions made by the Supreme Court are binding on all courts in India, promoting consistency and respect for its rulings.
These provisions work together to protect the independence of the judiciary and reinforce its role as a guardian of constitutional values and the rule of law.