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Tuesday, 22 July 2014

Full Independence of Judiciary for Smooth and Unbiased Functioning

There is always a great need of independent judiciary to ensure that all the organs of the state function according to the provisions of the constitution, to ensure that the judiciary is free from all ambiguities and pressures and to deliver judicial justice not partial justice. The legislature,  Executive and the Judiciary are the three branches of the government and to avoid conflict between the three, each should be independent of the other.

Judiciary is an instrument to garner justice and equality in the society and it is the necessity that constitution of India should separate the judiciary from the other departments. Most of the members of the Constituent Assembly also fought in the freedom struggle of India and they were absolutely displeased with the British colonial judiciary. Laws made during the British regime were known as black laws and the power of judges was very limited. The liberated India feels the need of independent and committed judiciary. The founding fathers of the constitution presented a judiciary which was the guarantor of statutory as well as the fundamental rights of every citizen.

Judicial independence encountered many setbacks pertaining to the appointment and the transfer of judges. Courts always demanded the independence of judiciary, reiterating the fact that judiciary is a basic feature of the constitution and it is the pre-requisite for the smooth functioning of the constitution and establishing the rule of law. Keeping judiciary free from executive and making it self-competent issues like  security of  the judges tenure, salaries and allowances should not be influenced by legislature, powers and jurisdiction of the Supreme Court; Supreme Court shouldn't be allowed to curtail the power of judges and above all state shall take steps to separate the judiciary from the executive in the public services of the state.

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