1.

What do you mean by the independence of judiciary?

Answer»

By the independence of judiciary we mean the following: 

a) The Executive and the Legislature should not interfere in the affairs of the judiciary. The judiciary is independent of the Executive and the Legislature. 

b) The decisions of the Judiciary are not to be interfered with. 

c) The Judiciary needs independence to pronounce judgments impartially, without fear or favor. 

d) Judges should have an atmosphere in which they can deliver impartial judgments. By independence of judiciary what is meant is not irresponsible or unilateral actions on the part of the Judiciary. Independent Judiciary is part of the democratic structure of the nation. Democratic values are to be protected. Therefore Judiciary should be loyal to the Constitution, to the democratic traditions and the people. 

How can the independence of the Judiciary be ensured and maintained? 

The independence of the Judiciary can be ensured and maintained by the following means: 

  • Mode of appointment 
  • Fixed period of tenure of office 
  • Financially independent
  • Freedom from personal criticism 
  • Separation of the Executive and the Judiciary 
  • Handsome salary for the Judges 
  • Job Security


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