Process Essay: The Independence Of Judiciary

2.1 Meaning of the Independence of Judiciary
History, as said by Acton, is not woven with innocent hands. Among all causes which degrade and demoralize men, power is the most constant and most active. In this context it is well said that power has a tendency to corrupt. Absolute power corrupts absolutely. Thus the principle of separation of power was laid down long before. By separation of power what is meant is the independence of the judiciary from the executive and the legislative branch of government. Independence means “the state or condition of being free from dependence, subjection, or control. Political independence is the attribute of a nation or state which is entirely autonomous, and not subject to the government, control, or dictation

These rights are such rights which have evolved through the struggle of long years and now have been recognised as an essential concomitant of the civilised existence. These civil liberties such as Bill of rights as in American constitution, Fundamental Rights in Indian constitution ensure that the government while dealing with the citizens adheres to certain norms. Sometimes our past is what which guides us to present. History is evident that there have came times in nation’s histories when they have not remained at peace. Here we must not always expect that in tough times there will always be wise and sagacious statesman like Abraham Lincoln in America, Gandhi and Nehru in India. Thus here as a safety valve we need such bill of rights fundamentally guaranteed. It is with this object we have UDHR declaration on human rights. It is with the object we have Part III in our constitution. However we must not forget that all these rights and liberties would be reduced to mere ornamental show pieces unless we have proper mechanism to enforce these rights in their true spirit. It is in this context that the independence of judiciary becomes vital and of paramount services. The independence of judiciary is the most indispensable condition for keeping alive and meaningful the rights enshrined in the constitution. Unless you have independent courts, legislature might as well

They are as under.

1. The independence of judiciary will be guaranteed by the state and enshrined in the constitution laws of the country. It is the duty of all governments and other institutions to respect and observe the independence of the judiciary.
2. The judiciary will deicide matters before it impartially on the basis of facts and in accordance with the law without any restrictions, improper influences, inducements, pressures, threats, and interferences direct or indirect from any quarter or for any reason.
3. The judiciary will have jurisdiction over all issues of a judicial nature and will have exclusive authority to decide whether an issue submitted for its decision with its competence as defined by law.
4. There will not be any in appropriate or unwarranted interference with the judicial process, nor the judicial decisions by the courts subject to revision. The principle is without prejudice to judicial review or mitigation or commutation by competent authorities of sentences imposed by the judiciary in accordance with the