Indian constitution establishes an independent judiciary. The phrase 'independent judiciary' means:
1. other organs of the government should not arbitrarily interfere with the decision of the judiciary.
2. judges must be able to perform their functions without fear or favour.
3. there is absence of accountability of judges of the higher courts.
Select the correct answer using the code given below.
  • a)
    1 and 2 only
  • b)
    2 and 3 only
  • c)
    1, 2 and 3
  • d)
    3 only
Correct answer is option 'A'. Can you explain this answer?

UPSC Question

Anita
Aug 08, 2020
The principal role of the judiciary is to protect the rule of law and ensure supremacy of law. It safeguards the rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship. In order to be able to do all this, it is necessary that the judiciary is independent of any political pressures. Here, independence of judiciary means that
  • the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice.
  • the other organs of the government should not interfere with the decision of the judiciary. Hence, statement 1 is correct.
  • judges must be able to perform their functions without fear or favour. Hence, statement 2 is correct.
  • Independence of the judiciary does not imply arbitrariness or absence of accountability. Judiciary is a part of the democratic political structure of the country. It is therefore accountable to the Constitution, to the democratic traditions and to the people of the country. Hence, statement 3 is not correct.

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