Judicial Independence: Separation of Power

  • Raunak Raj Tiwari
  • Show Author Details
  • Raunak Raj Tiwari

    Advocate in India

  • img Save PDF

Abstract

The Supreme Court of our country is treated as the guardian of the constitution. The Constitution is the supreme law of the land. Our constitution is the lengthiest written constitution of the world and therefore it is not free from ambiguities and its meaning is likely to be interpreted differently by different authorities at different times. This is one of the reasons behind having an independent judiciary. Independent judiciary maintains the supremacy of the constitution, as it is an independent and impartial authority to decide any dispute arising between centre and state. The Supreme Court has been called upon to safeguard civil and minority rights and plays the role of guardian of the social revolution. The doctrine of separation of power is in existence to draw upon the boundaries for the functioning of all the three organs of the state: Legislature, Executive, & Judiciary. This doctrine also provides the judiciary to act as a watchdog and to check whether the executive and the legislature are functioning within their limits under the constitution. An independent judiciary supports the base of the doctrine of separation of power to a larger extent.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 2448 - 2463

DOI: https://doij.org/10.10000/IJLMH.11760

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021