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what do you mean by independent judiciary?

INDEPENDENT JUDICIARY

Independence of judiciary means that the organs of the govt. cannot influence the functioning and decisions of the judiciary. The constitution has ensured independence of the judiciary through a number of measures:

  • The appointment of judges doesn't involve political parties. A person must have experience as a lawyer to be appointed as a judge. He/she can't be appointed arbitrarily.
  • the judges hold office till the age of retirement. This security of tenure or permanent status ensures that the judge functions without apprehension.
  • The judiciary is not financially dependent on either the executive or the legislature. The remuneration (wages or salary) of the judges does not need the approval of the legislature.

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the concept that thejudiciaryneeds to be kept away from the other branches of government. That is,courtsshould not be subject to improper influence from the otherbranches of government, or from private or partisan interests. Judicial Independence is vital and important to the idea ofseparation of powers.

Different countries deal with the idea of judicial independence through different means of judicial selection, or choosingjudges. One way to promote judicial independence is by grantinglife tenureor long tenure for judges, which ideally frees them to decidecasesand makerulingsaccording to therule of lawandjudicial discretion, even if those decisions are politically unpopular or opposed by powerful interests.

In many countries, the ability of the judiciary to check the legislature is enhanced by the power ofjudicial review. This power can be used, for example, by mandating certain action when the judiciary perceives that a branch of government is refusing to perform a constitutional duty, or by declaring laws passed by the legislature unconstitutional.HOPE THIS HELPS........

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Judiciary is an organ of the State which plays a crucial role in the functioning of India's democracy

  1. . An independent judiciary means that the legislature and executive can't interfer in the work of the judiciary
  2. .The judiary should also take care the executive and legidlature do not misuse their power.
  3. It also plays a crucial role in protecting the fundamental rights of the citizens.
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the control that the politicians holds over the judge does not allow for the judge to take independent desicion. the lack of independence would force the judge to make all the judgement in favour of the politician, although we often hear of rich and powerful people of india trying to enfluence the judiciary process, the indian constitution protect against this kind of situation by providing for the independence of judiciary

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