Independence of Judiciary:
The
concept of independence of judiciary is a noble concept which inspires the
Constitutional Scheme and constitute the foundation on which rests the edifice
of our democratic polity.
If there is one principle which runs through the
entire fabric of the Constitution, it is the principle of the rule of law and
under the Constitution, it is the judiciary which is entrusted with the task of
keeping every organ of the State within the limits of the law and thereby
making the rule of law meaningful and effective.
The judiciary stands between
the citizen and the State as a bulwark against executive excesses and misuse or
abuse or power by the executive and there it is absolutely essential that the
judiciary must be free from executive pressure or influence and this has been
secured by the Constitution makers by making elaborate provisions in the Constitution
to which detailed reference has been made in the judgments in Sankalchand
Sheth's case, reported AIR 1977 SC 2326.
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