Abstract

http://ssrn.com/abstract=1558979
 
 

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Independence of Judiciary - An Indian Experience


Nidhi Vaidya


affiliation not provided to SSRN

Raghvendra Singh Raghuvanshi


Lawyer at MP High Court, Indore, India

February 25, 2010


Abstract:     
An independent judiciary is necessary for a free society and a constituent democracy. It ensures the rule of law and realization of human rights and also prosperity and stability of the society. The independence of the judiciary is normally assures through the Constitution but it may also be assured through legislations, conventions and other suitable norms and practices. Following the constitution of United States, almost all constitutions lay down at least the foundation if not the entire edifices of an independent judiciary. The constitutions or the foundational laws on judiciary are however, only the starting point in the process of securing judicial independence. Ultimately the independence of the judiciary depends on the totality of a favorable environment created and backed by all state organs including the judiciary and the public opinion. The independence of judiciary also needs to be constantly guarded against the unexpected events and the changing social, political, economic conditions; it is too fragile to be left unguarded.

India has given itself a liberal constitution in the Euro- American traditions, which aims at establishing a free and democratic society. It also aims at prosperity and safety of the society. Its makers believed that such a society could be created through the guarantee of fundamental rights and an independent judiciary to guard and enforce these rights. Therefore the framers of the Indian Constitution dealt with these two aspects with maximum and identical idealism.

Number of Pages in PDF File: 12

Keywords: Independence, Judiciary, Law, Legal, Courts, Bias, Principles of Natural Justice, Constitution, Social, Political, Supreme Court, Appointment of Judges, Judgments

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Date posted: April 3, 2010  

Suggested Citation

Vaidya, Nidhi and Raghuvanshi, Raghvendra Singh, Independence of Judiciary - An Indian Experience (February 25, 2010). Available at SSRN: http://ssrn.com/abstract=1558979 or http://dx.doi.org/10.2139/ssrn.1558979

Contact Information

Nidhi Vaidya
affiliation not provided to SSRN ( email )
Raghvendra Singh Raghuvanshi (Contact Author)
Lawyer at MP High Court, Indore, India ( email )
Indore, IN Madhya Pradesh 452010
India
+919179079595 (Phone)
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