1. Answer the following questions briefly: 1. Why should judiciary be independent? 2.. What are the functions of supreme court?
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Answers
The Constitution of India provides justice for all. ... The duty of judges is considered to be very pious, therefore the constitution has provided for independence of judiciary so that they can remain impartial to serve the constitutional goals, act fairly, reasonably, free of any fear or favor.
In an independent judiciary, the courts are not under the government and do not act on its behalf. This allows the courts in ensuring that the legislature and the executive leg do not misuse the power. An independent judiciary plays a critical role in protecting the Fundamental Rights of citizens.
Definition. Judicial independence means that courts enforce the law and resolve disputes without regard to the power and preferences of the parties appearing before them (La Porta et al. 2004). Its theoretical antecedents are traced to the Enlightenment, and its application in practice dates to the US Constitution.
One of the major functions of the judiciary is to interpret and apply laws to specific cases. In the course of deciding the disputes that come before it, the judges interpret and apply laws. Every law needs a proper interpretation for getting applied to every specific case. This function is performed by the judges.
Answer:
- The Constitution of India provides justice for all. . The duty of judges is considered to be very pious, therefore the constitution has provided for independence of judiciary so that they can remain impartial to serve the constitutional goals, act fairly, reasonably, free of any fear or favor.
- The Supreme Court, at the apex of the Indian Judiciary, is the highest authority to interpret and uphold the Constitution of India, to protect the rights and liberties of the citizens, and to abide by the values of law. Therefore, the Supreme Court is the guardian of our Constitution.