Write a note on Independence of judiciary in india
Answers
Judicial independence is imperative if justice is to be administered without fear or favour.
And our Constitution has placed ample safeguards to protect the independence of judiciary by making the salaries and conditions of service fixed and providing that they could not be varied to the disadvantage of the Judge.
In S.R. Bommai v. Union of India, the Supreme Court held that the advice of the Chief Justice is binding on the President in the matter of appointment, promotion and transfer of judges.
This was done in order to preserve judicial independence so that there is no scope for either the carrot or the cane.
Indian judiciary is looked upon by Indians as a free and fearless institution truly devoted to the cause of law and justice.
If this faith has to be kept, judicial independence has to be guarded dearly. There have been attempts to make judiciary subservient in the garb of inducing accountability or weeding out corruption, but all such attempts have been successfully resisted not only by the judiciary itself but also by the politically conscious citizens of the country.