Independence Of Judiciary Is Sine Qua Non Of Democracy And Rule Of Law -An Analytical Study Of Constitutional Protection Ensured To The Judiciary Along With The Existing Process Of Appointment Of Judges
Aditi Shreenivas Prabhune, Symbiosis Law School, Pune
Abstract
Indian Judiciary is an important organ of the government, it is also important that the people should trust them it can only happen if there is proper accountability and transparency in the system such that the judiciary should not get corrupted and should also not work under the influence of other wings of government. They should aim at following the doctrine of Rule of Law, where the Constitution is the main rule for the country and no one is above it. The research paper aims at understanding the concept of independence of judiciary and appointment of judges, under which it focusses on the need for independence of judiciary, types of independence of judiciary, the constitutional protection given to the judges, which further classifies in understanding the Separation of Judiciary from Executive, the Appointment of Judges in India as well as in other parts of world, the case laws which prevailed and further shaped in understanding the meaning of ‘consultation’ and some of the case laws which led to formation of NJAC- and its reasons to be held as unconstitutional, Power to contempt of court, complex process of impeachment, Security of tenure, Salaries and allowances, No Discussions in House, Jurisdiction and Power of SC not to be curtailed, etc. Here one would also find the suggestions which should be implemented such that it would help the country to maintain independent judiciary as well as to get new talented judges which would help in speedy delivery of justice and improving and recognising it as the Best Judiciary in the world. Therefore if these principles are followed in stricter sense it would aim at fulfilling the objectives of our Constitution.
