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Independence of district judiciary

  • Published
    25th May, 2023

According to the Supreme Court, the judiciary must have a vote in financial affairs because it is independent of the executive and the legislative.

Key Highlights:

  • District Judiciary: The Supreme Court has held that the independence of district judiciary is part of the basic structure of the Constitution and judicial independence from the executive and the legislature requires the judiciary to have a say in matters of finances.
  • Supreme Court judgment: The independence of the district judiciary must be a part of the Constitution, as it is the most accessible court to litigants.
    • The judgment gave directions to amend service rules and pay arrears of pension, additional pension, gratuity and other retiral benefits, based on the recommendations of the Second National Judicial Pay Commission headed by Justice P.V. Reddi and senior advocate R. Basant.

Crucial role of District judiciary

  • The judgment recorded the importance of the district judiciary in the justice administration system, noting that it handled nearly 11.3 lakh cases on a single day.
  • Justice Narasimha held that the district judiciary was a vital part of the independent judicial system, which is part of the basic structure of the Constitution.
  • Inherent power: He highlighted the doctrine that the judiciary must possess the inherent power to compel payment of those sums of money necessary to carry out its mandated responsibilities and its powers and duties to administer justice.
  • Separation of powers: This doctrine is the logical conclusion of separation of powers and ensures that the independence of the judiciary is secured.
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