Theory of Separation of Power

According to the Indian constitution, there are three organs, respectively executive, legislature, and Judiciary. Which have their own roles in maintaining the right order in the country. This concept works on the theory of separation of powers.  The theory of separation of powers was incorporated into the constitution to provide a balance or set the boundaries for the operation of these three organs.

The judiciary of the country acts as the guardian of the law and protects the rights of the people and maintains the balance in the country through laws. It is also responsible for keeping on the working legislature. basically, the theory of separation of power means the division of powers so that it cannot be abused by one person or one part of the system. To put it into simple words, all three organs of the system are separated and have their own field of power and rights. They have their own boundaries and cannot interfere in the functioning of each other. 

Independent Judiciary

Independent Judiciary: An Independent Judiciary means a judiciary that is unbiased and can act freely without any influence or interference from any other part of the political system. According to the Indian constitution, An independent judiciary has been provided to protect fundamental rights and provide equal Law to the people of India.

Table of Content

  • What does “Judicial Independence” mean?
  • Meaning of Independent Judiciary
  • Need for Independence of Judiciary
  • Ways in which Judicial Independence Is Maintained
  • Theory of Separation of Power
  • Importance of Judiciary to be Independent
  • Constitutional Arrangement that ensures Independence of Judiciary
  • What are the dimensions of Judicial Independence?

Independent Judiciary

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Independence of the Judiciary

Judicial Independence is the concept in which the judiciary should be independent of the branches of the government and that courts must not be subjected to improper influences from the other branches of government or from any third party. Separation of powers as a concept of importance is related to and subjected to judicial independence....

Meaning of Independent Judiciary

The meaning of Independence of the Judiciary is mentioned below:...

Need for Independence of Judiciary

Disputes are something that is bound to surface between individuals, groups of individuals, or the government. These disputes have to settle by some independent body in accordance with the rule of law. This implies all individuals- rich or poor, men, women, forward or backward castes; are all subjected to the same law....

Ways in which Judicial Independence Is Maintained

There can be various ways in which judicial independence can be protected from various threats. Some of the most common strategies which are used include the limitation of government discretion over judicial salaries, placing some heavy restrictions on the removal of judges from offices, fixing some minimum jurisdiction that courts are too possess, and relieving judges of personal liabilities for acts that are performed in the course of their duties. Also, decentralized kind of organizational structures grants greater autonomy to individual judges, which by contrast may make it harder for the government in capturing to co-opt the judiciary as a whole....

Theory of Separation of Power

According to the Indian constitution, there are three organs, respectively executive, legislature, and Judiciary. Which have their own roles in maintaining the right order in the country. This concept works on the theory of separation of powers.  The theory of separation of powers was incorporated into the constitution to provide a balance or set the boundaries for the operation of these three organs....

Importance of Judiciary to be Independent

To provide justice, it is important to have an independent judiciary system. The people can only have the thought of justice if the court is free from the influence of any external power. The independence of the judiciary holds an important role and is the subject of discussion. Here, we will discuss several reasons, which prove the importance of the independence of the judicial system in the country. which are given below:...

Constitutional Arrangement that ensures Independence of Judiciary

There are a number of provisions mentioned in the constitution of India which ensures the independence of the Judiciary in India. These are as follows:...

What are the dimensions of Judicial Independence?

There are different dimensions of Judicial Independence, which include the following:...

FAQs on Judicial Independence

What is a safeguard of Judicial Independence?...

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