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Abstract

Independence of the judiciary is the cornerstone of our Constitution. Maintenance of Separation of Powers has been held to be a part of the inviolable “basic structure” of our Constitution.[1]Independence means non-dependence, in appointment control, supervision, security of tenure, salary and pension, removal, suspension and dismissal and liberty to discharge the duties in free, fearless and accordance with allegiance to the Constitution, institution and conscience. It does not include liberty to surrender office of judge for personal gains.In Democratic country like India, the system is managed by the representatives elected by the people. To ensure these representatives work effectively and to control misuse of powers by them, the government has three separate organs.  The three main organs of the Government are Executive, Legislative and Judiciary. The Executive executes the law, the legislative makes the law and the Judiciary interprets the law. The main task of the Judiciary is to deliver justice. Administration of justice is the primary function of the Judiciary. However the judiciary has other functions also which are non-judicial in nature.  Judges have the responsibility to make decisions regarding fundamental rights of the people, their freedoms etc. The Judiciary has the responsibility to uphold the Constitution and assure that the rule of law envisaged in our Constitution will always prevail.Thus the concept of independence of judiciary was implemented in the Constitution so that it can discharge its duty effectively


 


*Kamaljeet Singh, Assistant Professor of Law at School of Law, Galgotias University, Mohali. The author can be reached at advkamaljeetsingh@gmail.com.


[1] Keshavananda Bharati v. State of Karnataka, AIR 1973 SC 1461

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