Independence of Judiciary


 
 
Concept Explanation
 

Independence of Judiciary

Independence of Judiciary: It means that judiciary is not under the control of the legislature or the executive. 

What is an independent Judiciary? To influence the judicial process, the Indian constitution protects against different kinds of situations by providing for the independence of the judiciary. One aspect of this independence is the ‘separation of power’. A key feature of the constitution means here is that other branches of the state-like the legislature and the executive- cannot interfere in the work of the judiciary.

The courts are not under the government and do not act on their behalf. For the implementation of separation to work well, it is also crucial that all judges in the high court as well as the Supreme Court are appointed with very little interference from these other branches of government. It is the independence of the judiciary that allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive. It also plays a crucial role in protecting the fundamental rights of citizens because anyone can approach the courts if they believe that their rights have been violated.

 
 


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