Independence of judiciary in India: a non-negotiable issue

Abstract

The independent and impartial judiciary is said to be the first condition of liberty. It is custodian of the rights of the citizen. There are three organs of the Government Executive, Legislature and Judiciary. The Constitution of India has not indeed recognised the doctrine of separation of powers in its absolute rigidity but the functions of the different parts of the branches have been sufficiently differentiated. The Supreme Court has declared separation of power as basic to the Constitution of India. The judges of the higher judiciary are oath bound to uphold the constitution. Accordingly, the supreme court of India acts as a supreme interpreter, protestor and guardian to the constitution of India by keeping all authorities within legal bounds. Only an independent judiciary can protect the rights of the citizen. To prevail the rule of law Independence of judiciary is of prime necessity.