Judiciary In India

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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 the fusion of Constitutional Sovereignty and Parliament in India, but the Judiciary has its independence from the other two heads of power as it is the Security Guard of the Constitution. Independence of Judiciary is the ability of the Judiciary…show more content…
Keep other heads in check Absolute power corrupts. A balance of power is maintained by the Judiciary, Executive and Legislature. The Judiciary corrects when the other powers go out of whack and provides where compensation is caused. It is due to the presence of the Judiciary that the other heads follow the Constitution proper. Basically, Judiciary is the Batman of the three heads of power. 2. Understanding and interpreting the Constitution The Judiciary’s job is to interpret the Constitution in such a way that Justice is served properly. If the other powers were allowed to interpret the constitution, they will take the meaning which is best only for them and not for all. They also take into account the feelings and meaning of the lawmaker when a law is drafted and interpret accordingly. 3. Diffusion of Disputes The legislature create and amend laws with the spirit of the general public, the executive makes sure that the general public follows the laws and the judiciary solves any disputes between members of the general public. The solving of disputes between people is the main function of any court for peaceful working of not only the members but the country also. Provisions for Independence of…show more content…
Immunity from whims of other heads Unlike other government officials, the President cannot remove judges from their post in his whims. They can be only removed by impeachment. The salaries and allowances given to them by law cannot be changed too much or revoked except during Financial emergencies. 4. After retirement benefits After the age of 65, a Judge has to retire according to the provisions of law. But he still can work after the age of 65 through the various law commissions and judicial appointments for special reasons like Motor Accident Claims Tribunal. 5. Power of Contempt and silence of discussion of conduct The Supreme Court and High Courts have the power to punish any person for contempt of court, according to the provisions of Article 129 and 215 of the Indian Constitution. The judges’ conduct cannot be discussed in Parliament except when a plea for a judge’s impeachment is made. Even though this Independence is important to Judiciary, it has led to loads of corruption issues in India. Due to non-transparency and inapplicability of RTI to courts, it made many judges arrogant of their power which had lead to a load of other problems. This level of corruption present in India has led to delay of cases, judgements in favour of criminals even with presence of implicating evidence and various other

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