why judiciary is independent organ Related: Indian Judiciary?
Judiciary is independent organ to maintain peace and discipline in country.And if judiciary will not independent citizens will not get justice,there will be several disputes, which is not good for democratic country.
why judiciary is independent organ Related: Indian Judiciary?
Judiciary as an Independent Organ in Indian Judiciary
The judiciary is an independent organ in the Indian judicial system to ensure justice, protect the rights of individuals, and maintain the rule of law. This independence is crucial for the efficient functioning of the judiciary and the protection of citizens' rights. Here are the reasons why the judiciary is an independent organ in the Indian judiciary:
Separation of Powers:
- The concept of separation of powers is a fundamental principle of the Indian Constitution. It divides the powers among the three organs of the government: the legislature, the executive, and the judiciary.
- The judiciary acts as a check on the powers of the legislature and the executive, ensuring that they do not exceed their authority or violate the constitution.
- This separation of powers allows the judiciary to act independently and impartially, without interference from other branches of the government.
Judicial Appointment and Tenure:
- The process of appointment and tenure of judges plays a crucial role in ensuring the independence of the judiciary.
- In India, the appointment of judges to the higher judiciary is done by the President in consultation with the Chief Justice of India and other senior judges.
- The Constitution provides for the security of tenure of judges, which means they cannot be easily removed from their position.
- This appointment and tenure system helps in maintaining the independence of the judiciary, as judges are not subject to political pressure or influence.
Judicial Review:
- The power of judicial review allows the judiciary to review the constitutionality of laws and executive actions.
- The Supreme Court of India has the power of judicial review, and it can strike down laws that are unconstitutional.
- This power ensures that the judiciary acts as a guardian of the constitution and protects the rights of individuals from any violation by the legislature or the executive.
Protection of Fundamental Rights:
- The judiciary plays a crucial role in protecting the fundamental rights of citizens.
- It ensures that the rights enshrined in the Constitution are upheld and protected by interpreting and applying the law.
- The judiciary acts as a neutral arbiter in disputes and ensures that the rights of individuals are not violated by any other organ of the government.
Conclusion:
The independence of the judiciary is essential for upholding the principles of justice, protecting individual rights, and maintaining the rule of law in India. The separation of powers, judicial appointment and tenure, judicial review, and protection of fundamental rights are some of the key aspects that contribute to the independence of the judiciary in the Indian judicial system. This independence ensures that the judiciary can act impartially, without any interference or influence from other branches of the government, and deliver justice to all.
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