important that the courts enjoy independence. India has had the privilege of having a Judiciary with a backbone, barring a few
Independence of Judiciary in India The Judiciary, Executive, and Legislature. These are the three main powers of India. It has been so since the creation of the Constitution of India by the various lawmakers after India had earned Independence. Our Constitution follows the Doctrine of Separation, so that each power gets its freedom and keeps the others in check. The separation is not absolute like in the United States of America. The legislature has a bit more power than the other two heads due to
A woman’s individual identity is often questioned and compromised in South Asia. Family law in this region which ought to encompass areas of women’s rights also accommodates gender discrimination. The center of society is the family unit, yet woman, the main character, is often ignored in getting acknowledgement socially as well as legally. Family law here has provided ground for debate for feminists in search of laws with respect to gender. In South Asia, complex personal laws that cater to marriage
Doctrine of Separations of Powers in India: Indian state speaks to a contemporary approach in conceptualizing the convention of division of powers. Basically, there is no strict detachment of powers under constitution, both on a basic level and practice. Every organ while playing out its
Judiciary — of the Government. The Indian Judiciary has always been given a lot of independence in our constitution and respect in the minds of the people of the country. Recently the Judiciary has been called the organ which is most responsive to the needs of the citizens and to the responsibilities of the government. Judiciary in our country has mostly been fair and uncorrupt.But the former Chief Justice of India S.P.Bharucha’s
to the President’ who ‘may make appointments from the list’. The President ‘must advise the Judicial Service Commission, with reasons, if any of the nominees are unacceptable and any appointment remains to be made’. The Commission then ‘must supplement the list with further nominees and the President must make the remaining appointments from the supplemented list’. Conclusion All mechanisms for judicial appointment may have some advantages and disadvantages and therefore, no particular system can
RULE OF LAW IN INDIA India embraced the Common law system of justice liberation which owes its origins to British jurisprudence, the basis of which is the Rule of Law. Dicey superbly maintained that the Englishmen does not need Administrative law or any form of written law to keep checks on the government but that the Rule of Law and natural law would be enough to ensure absence of executive unpredictability. While India also accepts and follows the concept of natural law, there are formal and written
executive power. ESTABLISHMENT OF SEPARATION OF POWERS IN INDIA In the Constituent Assembly, Dr. K.T. Shah had suggested that an article should be inserted in the Indian Constitution to ensure separation of powers. The suggested provision according to him should have read: "There shall be a complete separation of powers as between the principal organs of the state, viz. the legislature, the executive and the judiciary." The Constitution of India does not contain any provision to make any absolute or
Business disputes need speedy resolution. Litigation is the least favoured method of resolution for a variety of reasons – delay being the foremost. The Indian judicial system is marred by delays. Businesses suffer because disputes are not resolved in a reasonable time. It is fashionable to talk about ‘Alternative Dispute Resolution’ (ADR) methods like negotiation, mediation, conciliation, arbitration, etc. but out of these only arbitration is used frequently as a method of choice for business dispute
Geography of India India, officially the Republic of India is a country in South Asia. It is the seventh-largest country by area, the second-most populous country (with over 1.2 billion people), and the most populous democracy in the world. It is bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast. It shares land borders with Pakistan to the west, China, Nepal, and Bhutan to the northeast; and Myanmar (Burma) and Bangladesh to the east