Committed judiciary
Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Class 11, Ch 6 "Judiciary"; Class 12, Ch 6 "The Crisis of Democratic Order"
Meaning
A committed judiciary was an idea from the 1970s. It said judges should share the ruling party's social philosophy and support its policies. The government of the time backed the idea. Critics said it threatened judicial independence, meaning the freedom of judges to decide cases without fear or favour. It came up during the long fight between Parliament and the courts over property rights and constitutional amendments.
Example
The idea was linked to the supersessions of senior judges. In April 1973, A.N. Ray was made CJI over three senior judges. In January 1977, M.H. Beg was made CJI over H.R. Khanna. Since 1977 the senior-most judge has been appointed CJI.
Don't confuse with
- Judicial activism: activism means courts actively using their power to protect rights. A committed judiciary means judges following the government's political views.
Related concepts
- Appointment of judges
- Supersession of judges
- First Judges case
- Second Judges case
- Third Judges case
- Collegium system
- Transfer of High Court judges