24 October: judicial independence
Saturday 24 October 2026
GS Paper 2 · 150 words · 10 marks
Constitutionally guaranteed judicial independence is a prerequisite of democracy. Comment.
(UPSC Mains 2023, GS Paper 2, Q1)
You have seven minutes. Write your answer before you read anything below.
Open only after you have written
How to approach this question
The directive. Comment asks for your judgement. Agree or disagree in the first line, then give the reasons.
The two parts to cover. Say why a democracy needs judges who are free of the government. Then show how the Constitution protects that freedom.
A shape that works in 150 words.
| Part | Words | What to write |
|---|---|---|
| Introduction | 25 | Your position, and why democracy needs it |
| Point 1 | 30 | Security of tenure |
| Point 2 | 25 | Financial security |
| Point 3 | 25 | Separation from the executive and the legislature |
| Point 4 | 25 | What the courts have done with it |
| Conclusion | 20 | Independence with accountability, and one step |
Material you can use.
| Safeguard | Source |
|---|---|
| Removal only for proved misbehaviour or incapacity, on a special-majority motion in both Houses | Article 124(4) |
| Salaries charged on the Consolidated Fund of India | Article 112 |
| Separation of the judiciary from the executive | Article 50 |
| No discussion of a judge's conduct in Parliament | Article 121 |
| Basic structure | Kesavananda Bharati v State of Kerala (1973) |
| Independence held part of the basic structure, NJAC struck down | Supreme Court Advocates-on-Record Association v Union of India (2015) |
Mistakes to avoid.
| Mistake | What to do instead |
|---|---|
| A list of articles with no explanation | Say what each safeguard protects against |
| Leaving democracy out | Link independence to rights and limits on power |
| Ending on praise for the judiciary | End on how to keep it independent and accountable |
A model answer
The statement is correct. Rights and limits on power mean little if courts cannot enforce them against the State. The Constitution protects this in four ways.
Security of tenure. Under Article 124(4), a Supreme Court judge can be removed only for proved misbehaviour or incapacity. Both Houses must pass the motion by special majority. No judge has ever been removed.
Financial security. Judges' salaries are charged on the Consolidated Fund under Article 112. Parliament does not vote on them.
Separation of powers. Article 50 directs the State to separate the judiciary from the executive. Article 121 bars Parliament from discussing a judge's conduct outside removal proceedings.
Judicial review. Kesavananda Bharati (1973) let courts protect the basic structure. In the NJAC case (2015), the Court held judicial independence part of that structure.
Independence needs accountability too. A published procedure for appointments and an open complaints process would protect both.
Word count: 148.
| Where | What earns credit |
|---|---|
| Opening | A clear position, linked to democracy |
| Body | Each safeguard has its article and what it protects |
| Conclusion | It names a step for accountability |