International Journal of Law


International Journal of Law
International Journal of Law
Vol. 4, Issue 2 (2018)

Independence of judiciary in India


Santosh Kumar Pandey

An independent judiciary is the sine qua non of a vibrant democratic system. Only an impartial and independent judiciary can stand as a bulwark for the protection of the rights of the individuals and mete out even handed justice without fear or favour. The judiciary is the protector of the constitution and, as such, it may have to strike down executive, administrative and legislative acts of the centre and the states. For Rule of law to prevail, judicial independence is of prime necessity. The independence of the judiciary is normally assures through the Constitution but it may also be assured through legislations, conventions and other suitable norms and practices. The constitutions or the foundational laws on judiciary are however, only the starting point in the process of securing judicial independence. Ultimately the independence of the judiciary depends on the totality of a favorable environment created and backed by all state organs including the judiciary and the public opinion. The independence of judiciary also needs to be constantly guarded against the unexpected events and the changing social, political, economic conditions; it is too fragile to be left unguarded. In India, the question of independence of the judiciary has been a subject of heated national debate over the last many years. It has exercised the minds of legislators, jurists, politicians and the laymen. Both the supporters and the opponents have cogent arguments in support of their views. This question assumes great importance whenever the Supreme Court holds a particular Act or particular Clause of an Act passed by Parliament ultravirus of the Constitution.
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