Justice P S Narasimha of the Supreme Court of India recently emphasized the importance of an independent judiciary for the functioning of a democracy. Speaking at a distinguished public lecture at Jindal Global Law School of OP Jindal Global University, Justice Narasimha warned that democracy is not merely about majority rule and depends on the protection of individual rights and freedoms, which can only be ensured by a judiciary free from external influences.
Justice Narasimha stated,
“Independence of judiciary is essential for Democracy. It needs to be seen how the independence of judiciary and the concept of democracy is interconnected through constitutionalism and the rule of law. They are both dependent on each other through the concept of separation of powers.”
He further added that the framers of the Indian Constitution envisaged the independence of the judiciary as a post-colonial democratic concept and a system ignoring either of the two concepts cannot make much progress.
The judge also questioned the basic understanding of democracy as merely majority rule, highlighting that certain values and frameworks need to be followed in a society which confirms equal rights to all citizens. He warned,
“If the independence of judiciary is compromised, then the concept of government itself comes under threat. Only independent judges can act as oversight over the acts of the government.”
The event also marked the announcement of the Singhvi – Trinity – Cambridge Scholarship Award 2023, established by Abhishek Singhvi, Senior Advocate and MP, Rajya Sabha. The award was given to Jai Chander Brunner of the Jindal Global Law School, enabling him to pursue a masters’ degree programme in law at Trinity College, Cambridge.
Singhvi echoed Justice Narasimha’s sentiments, stating,
“Democracy is not just a system of governance but a broader social commitment that values equality, fairness and justice. It is the judiciary in its independent capacity that breathes lives into these values. An independent judiciary serves as a neutral referee resolving conflicts, not based on the might of the parties but on the might of the law.”
The event was attended by notable guests including Alex Ellis, British High Commissioner to India, and Michael Houlgate, deputy director of the British Council in India. Ellis expressed his hope for increased understanding between the UK and India, particularly in the context of the rule of law as a fundamental aspect of any society.