What do you meant by the independence of judiciary? Discuss the factors that are required to strengthen the judiciary as an institution at various levels. (200 Words)
Refer - The Indian Express
Enrich the answer from other sources, if the question demands.
IAS Parliament 5 years
KEY POINTS
· Independence means and implies “not dependent on” or “not controlled by” any outside agency or source.
· Independence id the very soul of a functional judiciary.
· The function and decision of the judge that must be independent of any extraneous consideration or of any fear or prejudice of the judge himself.
· Security of tenure
· Non-interference from legislature.
Factors required to strengthen judiciary
Strengthening of institutions works best when they are strengthened from within and not when strength is sought to be infused from an external source.
Factors that would be required to strengthen the independence of judiciary
Internal factors
· To develop and nurture leadership at all levels of the institution.
· Leadership roles bring decisiveness and direction at all levels.
· Leadership skills at ground levels will also assist in securing the independence of individual judges.
· The judiciary also needs to work on securing its independence in financial matters. The control of revenues and on expenditure essentially vests with governments.
Constitutional factors
· The Indian Constitution under Article 50 makes it obligatory for the state to undertake steps to separate the executive from the judiciary.
· Judges’ appointment process as envisaged under Articles 124 and 217 of the Indian Constitution for Supreme Court and High Court respectively envisages judicial oversight.
· The tenure has been also secured and removal is possible only by if there is proved misbehaviour and incapacity.
· Their salaries have been prescribed under the constitution itself.
Administrative factors
· The collegium is governed primarily by the consideration of merit in recommending the names. However, it is also alive to the issue of a representative judiciary.
· The Supreme Court of late has started posting the decision of the collegium on its website to meet the standards of transparency.
Santosh kumar Badi 5 years
Kindly review
IAS Parliament 5 years
Try to include about the financial independence, art 50, art 124 of the Indian Constitution etc. Keep Writing.
Santosh kumar Badi 5 years
Nandadeep 5 years
Kindly review
IAS Parliament 5 years
Try to include about the financial independence, leadership skills etc. Keep Writing.
Sarvjeet kumar 5 years
please review
IAS Parliament 5 years
Good attempt. Try to include about article 50, article 124 of the Indian Constitution, Supreme Court's decision binding on all courts etc. Keep Writing.
Harshavardhan Chintam 5 years
Can i know when can i expect YOJANA, SCIENCE DAILY GIST
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