ipl-logo

Importance And Importance Of Judicial Independence

1444 Words6 Pages

Judicial independence is the concept that the judiciary needs to be kept away from the other branches of government. Judicial Independence is vital and important to the idea of separation of powers. In this regard, one has to distinguish individual independence from institutional independence. The former relates to values like integrity, honesty, selflessness etc. that needs to be incorporated in the individuals. Judicial independence is central to democracy because it is the judiciary which helps the realisation of the Rule of Law and protection of human rights. But the concept of independence is a complex one which subsumes in it concepts like impartiality, accountability, efficiency and respect for other institutions of governance.The crucial issue to be examined is how far the appointment procedure secures the personal independence of judges and institutional independence of judiciary.

The pool of eligible candidates for judicial selection is partly determined by the Constitution. The Constitution does not speak about standards of integrity, propriety, competence, independence, etc. as qualifications essential for judicial selection. Apparently, they are taken for granted and left to the selectors to assess them by whatever means available to them. Collegium judges say …show more content…

Article 124A provided that the NJAC shall consist of the Chief Justice of India, the next two most senior judges of the Supreme Court, the Union Minister of Law and Justice, and “two eminent persons.” Article 124B set forth the duties of the NJAC, which include (1) recommending persons to be appointed to the Supreme Court and High Courts; (2) recommending transfers of judges from one High court to another; and (3), to ensure that nominees recommended are “of ability and integrity.”17 Article 124C permitted Parliament to regulate appointment procedures and empower the NJAC to enact regulations necessary to carry out its

Show More
Related

  • Compare And Contrast Virginia And New Jersey Plan

    1038 Words  | 5 Pages

    Student’s name Professor’s name Course number Date The Virginia and New Jersey plans 1 The Virginia plan had various characteristics as proposed by Mr Randolph. He suggested in accordance to the wishes of the committee that the national government should be created and that it should consist of a supreme legislative, Executive and Judiciary. According to Mr. Patterson in the Virginia plan which he drew from Mr. Randolph’s propositions, proposed that revision of the articles of confederations was paramount in order to render federal constitution adequacy to the demands of both government and the union in preservation.

    Read More

  • Jury System DBQ Essay

    515 Words  | 3 Pages

    A judge must meet many requirements before he/ she is able to judge in court. A judge must have a law degree, a Juris Doctorate, and a numerous amount of other tests and jobs before he/she becomes a judge. Comparing the requirements of a juror and judge, a judge is more qualified to make a fair

    Read More

  • Internal Affairs And Policies Of George Washington During The New Nation Period

    156 Words  | 1 Pages

    Also, the Judiciary act established the number of justices

    Read More

  • Dbq Essay On The Judicial Branch

    467 Words  | 2 Pages

    This means that they can’t really be bribed. Document B talks about this when it says, “The judiciary, on contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society;” This is saying that the Judicial Branch has no control over the money or power of the government. For this reason there is really no way for the Judicial Branch to be bribed. This makes their decisions based actually on what they think and not what other people want them to think.

    Read More

  • Explain The Strengths Of The Judicial Branch

    1067 Words  | 5 Pages

    The three branches were established by the Constitution and divided into executive, legislative, and judicial. The executive branch consists of the president and his cabinet, the legislative branch consists of Congress, the Senate, and the House of Representatives, and the judicial branch consists of the Supreme court and other federal courts. Focusing on the judicial branch, the Constitution has established the Supreme Court as the only court to make decisions of national importance. One strength of this branch is that it holds the power to provide equal justice and determine if the laws passed by Congress are constitutional through appeals, trials, and review. “Put simply, for federal theorists judicial supremacy exists because it must:

    Read More

  • Compare And Contrast Essay On Texas Judges

    1045 Words  | 5 Pages

    Lily Craymer November 8, 2017 Texas Politics County Court Judges vs Supreme Court Judges In Texas, County Court judges and Supreme Court judges both have the title of “judge” in their names, but what does that really mean? If someone introduces themselves with the title of a judge, it doesn’t give any specifics on what their public responsibilities are. Both positions have different levels of power, but are equally important. In order to reform Texas laws, one must know how it functions.

    Read More

  • The Constrained Court

    429 Words  | 2 Pages

    The Court’s effectiveness relies on the institutional capacities as well as the ruling’s popularity. When lower-court judges comply with Supreme Court decisions, rulings can have a substantial effect on social policies, as in the case

    Read More

  • Three Levels Of The Federal Courts Essay

    492 Words  | 2 Pages

    The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.

    Read More

  • Merit Plan Pros And Cons

    694 Words  | 3 Pages

    The appointment of judges has become clearly political. It is not uncommon to hear of candidates making statements with regards to contested political issues as well as the use of partisan language. According to (Bannon, 10) “For neutral arbiters, this heightened political temperature risks exacerbating pressures to decide cases based on political loyalty or expediency, rather than on their understanding of the law.” The selection of judges through popular election therefore suffers serious flaws since the electorate tend to base their decisions on charm instead of serious determinants. The results can be that the person elected as a judge turns out to be one who falls short of the glory of this office in terms of experience, legal training and education.

    Read More

  • Why The Judicial Branch Is The Most Powerful

    478 Words  | 2 Pages

    Hana Kim Professor Yvonne Wollenberg Law and Politics 106 7 October 2015 Title In the United States government, there are three branches called the legislative, executive, and judicial branch. Out of these three, the judicial branch is the most powerful. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable.

    Read More

  • Essay On Judicial Selection

    801 Words  | 4 Pages

    Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.

    Read More

  • The Canadian Judicial System

    1155 Words  | 5 Pages

    Furthermore, the commissioner of Federal Judicial Affairs administers the advisory committees and they represent each province and territory, which examines the qualifications of the lawyers who apply for federal judicial positions. The law states that a candidate for a federal judiciary must have been a lawyer for a minimum of ten years and must be qualified and eligible to practice law in the respective jurisdiction the person has applied for. Judges to the provincial and territorial courts are appointed by the provincial and territorial governments respectively. The eligibility criteria for selection of judges to the judiciary panel are similar for the both provincial and territorial governments. All federally appointed judges are appointed by the Governor in Council.

    Read More

  • Assess The Importance Of Diversity In The Judiciary

    328 Words  | 2 Pages

    Diversity has been recognised as a valuable initiative in the advancement of a workplace, however recent studies in England and Wales show that the judiciary remains largely imbalanced . For decades diversity has been a central matter within the legal sphere but according to a recent report by the Council of Europe published at the end of 2014, women only make up 25% of judges in England and Wales and to this day, Lady Hale remains the only representative for women in the Supreme Court . Furthermore, diversity statistics in 2015 concluded that the percentage of BME judges remains unchanged at 7%. Damning statistics such as these prove that the judiciary is currently in a detrimental situation, particularly because diversifying the workplace encourages innovation: ‘There is a large body of evidence going back many decades which shows that more culturally diverse businesses are more innovative. Recent research also shows that workforce diversity is also

    Read More

  • Disadvantages Of Judicial Precedents

    702 Words  | 3 Pages

    No doubt the doctrine of the judicial precedent has proved to be a real advantage to society. However, we cannot neglect the fact that there are some disadvantages associated with this doctrine. 1. The very first disadvantage of this doctrine is the fact that not all the judges will have the same conclusion on a matter; therefore increasing the complexity of a case. Just like human beings differ from each other physically, they also differ mentally.

    Read More

  • Role Of Judiciary In Malaysia

    1103 Words  | 5 Pages

    Malaysian judiciary refers to the Malaysian court system. It is an independent body separate from the legislative and executive arms of government. The role of courts is to ensure the law and order are followed, that justice is done, and criminals are punished. The head of the judiciary is the Chief Justice.

    Read More

More about Importance And Importance Of Judicial Independence

Open Document