"Constitutionally guaranteed judicial independence is a prerequisite of democracy". Comment.

Use the Collegium row as a current example of how control over appointments is tied to judicial independence from the executive.

• Supporters argue the Collegium insulates appointments from executive influence, protecting judicial independence, which is part of the basic structure.
• Justice Dipankar Datta said the clamour against the Collegium was a weak attempt to hide the government's own failure, and the Court called the government's remarks 'disquieting'.
• Justice Datta argues the government delays or does not act on many Collegium recommendations; note also the pendency of over five crore cases.

Argue that a wider, more diverse pool of judges, including jurists, can strengthen an independent and credible judiciary.

• Justice Ujjal Bhuyan argued a distinguished jurist 'can be a great value addition to the Bench', helping the Court engage public law questions beyond narrow technicalities, and urged greater Bench diversity.
• In the Constituent Assembly on 24 May 1949, H.V. Kamath argued appointments should not be confined to judges and practising advocates; sceptics say courtroom experience matters for appeals.

Cite the Court's view that judges are not employees to show that distinct service conditions protect judicial independence down to the district level.

• In All India Judges Association (1993) the Court held: 'The judicial service is not service in the sense of employment. The Judges are not employees.'
• On 1 September 2026 a Bench headed by CJI Surya Kant directed seven States to raise district judges' retirement age from 60 to 62, citing a separate constitutional scheme under Articles 233 to 235.
• Extension is subject to a High Court suitability assessment at 60, keeping control of the subordinate judiciary with the High Court rather than the executive.

Use it to show that judicial independence extends to tribunals, where executive control over appointments was struck down because the government is itself the largest litigant.

• On 19 November 2025 the Supreme Court struck down key provisions of the Tribunals Reforms Act, 2021 as violating separation of powers and judicial independence, and directed an independent National Tribunals Commission.
• The NTC, created by rules dated 30 September 2026, is chaired by a retired Supreme Court judge or High Court Chief Justice and selects members for 16 tribunals and appellate bodies.
• Critics will watch whether a body whose composition and pay are set by executive rules can be independent in practice.

Use it to show that independence depends on who appoints key constitutional officials and on how the Supreme Court organises itself, both under strain in the CEC Act challenge.

• Anoop Baranwal v Union of India (March 2023) put the CJI on the interim panel appointing the CEC and ECs; the 2023 Act replaced the CJI with a PM-nominated Union Cabinet Minister.
• Critics say this gives the government a two-to-one majority in choosing those who run elections; supporters say Parliament simply made the law the Court's interim arrangement awaited.
• The op-ed argues the Chief Justice's power as Master of the Roster, upheld in the 2018 Shanti Bhushan case, needs transparent, pre-settled rules for composing benches.