INDIAN CONSTITUTIONAL CLAUSES REGARDING JUDICIAL INDEPENDENCE: AN SYNOPSIS

Abstract

The independence of judiciary is not a new concept but its meaning is still imprecise. The starting and the central point of this concept is apparently the doctrine of separation of powers. Therefore, it primarily means the independence of judiciary from legislature and executive. But that amounts to only the independence of judiciary as an independent institution form the other two institutions of the state without regards to the independence of the judges in exercising of their functions. In such a case there is not much that is achieved. The independence of judiciary does not mean just creation of an autonomous institution free from control and influence of the legislature and the executive. Judicial Independence The underlying purpose of independence of judiciary is that judges must be able to decide disputes before them, according to the law, uninfluenced by any other factor. For this reason independence of judiciary is the independence of each and every judge. Whether such independence would be ensured to the judge only as members of an institution or irrespective of it is one of the most important considerations in determining and understanding the meaning of independence of judiciary. The meaning of judicial independence has different meanings to different people over period of time also to several members of the constituent assembly.