Literature review on independence of judiciary
This page of the essay has words. Download the full version above. A need of Independent judiciary is recognised by almost all of the countries of the world. This is because the role played by the judiciary is not only to adjudicate disputes between parties but also to keep in check the exercise of legislative and executive powers by the Government, and thereby ensuring that the constitution protections guaranteed to the citizens are not taken by the arbitrary actions of the Government. The judiciary by ensuring that the legislature or executive do not transgress their powers or arbitrary exercise them, ensures rule of law and a free and prosperous society.
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Does the Collegium System Ensure Independence of Indian Judiciary? - TheLeaflet
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers. Many countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion , even if those decisions are politically unpopular or opposed by powerful interests.
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Does the Collegium System Ensure Independence of Indian Judiciary?
The judiciary has developed from a dispute-resolution mechanism, to a significant social institution with an important constitutional role which participates along with other institutions in shaping the life of its community. Social, political and economic changes, in recent times, in most countries, have confronted the courts and judges with new challenges and new problems. The centralization of the responsibility and supervision of court administration and judicial administration has raised the issue of the relationship between the judiciary and the executive, and made it necessary to examine and delineate the boundaries of the scope of executive control on judges, courts and judicial administration, and court financing. It was also necessary to review the rules, traditions, and practices governing the conduct of judges off the bench, in the various areas of activities. A modern conception of judicial independence cannot be confined to the individual judge and to his substantive and personal independence, but must include collective independence of the judiciary as a whole.
W ith the growth of populism and autocratic tendencies in democracies, the role of judiciaries has become more important than ever. It is particularly to check state action and protect citizen rights. In the last few years, the growth of judicial power in democracies across jurisdictions has become a topic of study for constitutional law scholars. The more contemporary analysis of judicial power focuses on how judiciaries and the power they exercise affect political transformations. The Supreme Court of India has seen one of its most tumultuous phases yet, under the current Modi government.
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