Significance of judicial independence in a constitutional democracy: An analysis with special reference to Indian practice
By: Sangra, Bindu
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Material type: 
BookPublisher: Kashmir Journal of Legal Studies Description: 10(1), Jul, 2023: p.311-330.
In:
Kashmir Journal of Legal StudiesSummary: The rationale for this two-pronged modern understanding of judicial independence is the recognition that the courts are not charged solely with the adjudication of individual cases. That is, of course, one role. It is also the context for a second, different, and equally important role, namely as protector of the Constitution and the fundamental values embodied in it i.e. rule of law, fundamental justice, equality, preservation of the democratic process, etc. In other words, judicial independence is essential for fair and just dispute resolution in individual cases. It is also the lifeblood of constitutionalism in democratic societies. The judiciary if it is to play the proper constitutional role, must be completely separate in authority and function from the other arms of government. It is implicit in that separation that a judge cannot be required by the executive or legislative branches of government to explain and account for his or her judgment. To entertain the demand that a judge testifies before a civil body, an emanation of the legislature or executive, on how and why he or she made his or her decision would be to strike at the most sacrosanct core of judicial independence. To summarize, judicial independence as a constitutional principle fundamental to the Indian system of government possesses both individual and institutional elements. – Reproduced
http://kashmirjournaloflegalstudies.edu.in// b481-4e09-8ecf-05057a46ed5d.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
|---|---|---|---|---|---|---|
Articles
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Indian Institute of Public Administration | 10(1), Jul, 2023: p.311-330 | Available | AR130552 |
The rationale for this two-pronged modern understanding of judicial independence is the recognition that the courts are not charged solely with the adjudication of individual cases. That is, of course, one role. It is also the context for a second, different, and equally important role, namely as protector of the Constitution and the fundamental values embodied in it i.e. rule of law, fundamental justice, equality, preservation of the democratic process, etc. In other words, judicial independence is essential for fair and just dispute resolution in individual cases. It is also the lifeblood of constitutionalism in democratic societies. The judiciary if it is to play the proper constitutional role, must be completely separate in authority and function from the other arms of government. It is implicit in that separation that a judge cannot be required by the executive or legislative branches of government to explain and account for his or her judgment. To entertain the demand that a judge testifies before a civil body, an emanation of the legislature or executive, on how and why he or she made his or her decision would be to strike at the most sacrosanct core of judicial independence. To summarize, judicial independence as a constitutional principle fundamental to the Indian system of government possesses both individual and institutional elements. – Reproduced
http://kashmirjournaloflegalstudies.edu.in// b481-4e09-8ecf-05057a46ed5d.pdf
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