“Independence of judiciary is the key to the success of federalism". Explain the Statement.
Answers
Explanation:
Independence of Judiciary is very much required in the federal system of government because;
(i) Judiciary acts as an umpire if disputes arise between different levels of government in the exercise of their respective powers.
(ii) Judiciary also interprets the Constitution and the powers of different levels of government.
(iii) Hence, judiciary is the key to the success of federalism.
The Independence of Judiciary is the most important aspect of preserving a federal styled democratic country.
Judicial independence provides that the judiciary makes its decisions free from any fear or favour in respect of the executive or the legislature.
The Supreme court in its original jurisdiction resolves disputes between the centre and the states or the disputes between two states. For making impartial decisions it is necessary that the judges are not biased towards any of the parties. This is where the Independence of the courts come in handy.
For example- If the tenure of the judges was not fixed and they could be removed from office by a simple executive order, then the judges would not have the mentality of giving an unbiased judgment, there would always be a need to be on the good side of the government in the centre while making the decisions and true justice would not have been dispensed with.
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