Justice Muralidhar said that the judiciary should pay the role of a counter-majority organ which not simply defer to the visions of the majority.
It should instead uphold justice impartially and fearlessly.
“The judiciary has to be a counter majority organ of the state where it doesn’t always simply defer to what it sees as visions of the majority at any given point,” he said.
He further emphasized that for the judiciary to function effectively, it must be free from political and executive pressures.
In this regard, he drew attention to internal pressure within the judiciary, originating from senior judges or other members. He stressed the importance of addressing this internal pressure, which could significantly affect the judiciary’s independence.
“The last is very important. It is the internal pressure of judges. This internal pressure which could come from senior judges or other members of the judiciary is something that badly affects the independence of the judiciary. We don’t talk much about this,” he said.
The ability to decide without any political pressure or pressure from the executive is an essential facet of functional independence of the judiciary, he underscored.
Source: Barandbench
