Independence Of Judiciary: A Mandate For Protection Of Rights And Prime Necessity To Prevail Justice

Independence Of Judiciary: A Mandate For Protection Of Rights And Prime Necessity To Prevail Justice – Critical Analysis

Mr. Summit Sajwan, BA LLB, Department of Laws, GNDU Regional Campus, Gurdaspur, Punjab

ABSTRACT

The constitution and the Judiciary of India have laid down the working of the current legal system. Judiciary is one of the three pillars of democracy and hence, an impartial and independent judiciary can stand as the guardian for rights of the people and also to abound justice without any fear. In the history, when there was king’s regime, it was observed that the judicial decisions were also embedded in the hands of the king and hence judicial independence was not espoused. For the prevalence of Rule of law, independence of judiciary holds a prime importance. Makers of the Indian constitution framed several provisions in the safeguard of judiciary and to secure judicial independence. Even in the judges transfer case and after passing of national judicial appointments commission bill, it was seen that judicial independence has faced many obstacles and threats time to time. Recently, higher judiciary and the senior jurists have shown inclination towards the executive in the latest judgements which made it clear that judicial independence is merely followed as there is huge presence of political interference in the judiciary.

Keywords: democracy, judicial independence, political interference, constitution, Judiciary.