Political Science, asked by kavaygupta, 1 year ago

how did framers of the Constitution ensure Independence of the judiciary​

Answers

Answered by Anonymous
29

Answer:

Independence of judiciary ensures no influence or interference from government or the party in power. As per the Indian Constitution, the judges of the Supreme Court and the High Courts are appointed by the President of India. ... Hence, the judiciary is independent of influences and intereference from the government.

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Answered by satyanarayanojha216
12

The Independence of the Judiciary

Explanation:

The Judiciary  is the watchdog of our Democracy and the supreme guardian of our Fundamental rights. It prevents the misuse of power by the government or by any official if it violates the fundamental rights of the people. We have an independent Judiciary to ensure fairness in the trial and to guard fundamental rights of the citizens. Independence of Judiciary implies the following:

a. The judiciary acts in a fair and impartial manner and not in a partisan manner.

b. Its decisions are not influenced either by the legislative or the executive branch of the government.

c. The Judiciary acts on the basis of evidence and not as per the whims and fancies of any party.

There are sufficient provisions in the constitution to guard its independence to make sure judiciary acts in a non partisan manner.

i. The judges of the Supreme Court or High Courts are appointed by the President on the recommendation of the Prime Minister in consultation with Chief Justice.

ii. The senior judges of the Supreme Court have a say in selecting other judges of the Supreme Court and High Courts. So there is a little interference by the executive branch.

iii. The judges of both Supreme Court and High Courts can be impeached on grounds of incapacity and misbehavior by 2/3 rd majority of both houses of the Parliament.

iv. The judicial branch of our country is also very powerful, the power of the Judicial review makes it one of the powerful branches of the government,where the Judiciary interprets the constitution and can declare any law of the parliament or any action of the executive null or void if it goes against the provisions of the constitution. This way it upholds the constitutional validity of the laws and actions of the executive.  

v. The courts also intervenes to check the misuse of power by the government.

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