How does constitution ensure independence of the judiciary?
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The Judiciary of India is an independent body& Indian Constitution deals with judiciary.
One of the unique features of the Indian Constitution is that, notwithstanding the adoption of a federal system and existence of Central Acts and State Acts in their respective spheres, it has generally provided for a single integrated system of Courts to administer both Union and State laws. At the apex of the entire judicial system, exists the Supreme Court of India below which are the High Courts in each State or group of States. Below the High Courts lies a hierarchy of Subordinate Courts. Panchayat Courts also function in some States under various names like Nyaya Panchayat, Panchayat Adalat, Gram Kachheri, etc. to decide civil and criminal disputes of petty and local nature. Different State laws provide for different kinds of jurisdiction of courts. Each State is divided into judicial districts presided over by a District and Sessions Judge, which is the principal civil court of original jurisdiction and can try all offences including those punishable with death. The Sessions Judge is the highest judicial authority in a district. Below him, there are Courts of civil jurisdiction, known in different States as Munsifs, Sub-Judges, Civil Judges and the like. Similarly, the criminal judiciary comprises the Chief Judicial Magistrates and Judicial Magistrates of First and Second Class.
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The constitution ensure independence of the judiciary.
1. The 'legislature and the executive' must not obstruct the ways of the judiciary in a manner that unable judiciary to take a just decision.
2. The other organs of the government must not interfere with the decision of the judiciary.
3. The judges must be able to 'perform their duties 'freely and fairly'.
- Since it is part of the 'democratic political structure', Judiciary is responsible for the constitution of India and to the people of the nation. Judiciary must work according to the laws of the constitution.
- Any kind of incapacity and misbehavior of the judges leads to the removal of the judges. The judges have to provide the grounds on which they took certain decisions.
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