We must realize that the reason why the Judiciary India is respected is because of the confidence which it has, over the years, come to enjoy amongst masses for unbiased, impartial discharge of its constitutional functions without fear or favour, or ill-will or affection. The strength of Indian Judiciary lies in its impartiality, its integrity and its independence. It lies in the perception that Judges are free from every form of prejudice and that in discharging their duties. The very confidence of the people of India in the confidence and impartiality of the judiciary which constitutes the moral foundation upon which the judiciary which has neither the finances nor the physical facilities to ensure compliance, relies for the faithful implementation of its orders.
“While there can be no two opinions on the need for the maintenance of judicial independence, both for the safe guarding of individual liberty and the proper working of the constitution, it is also necessary to keep in view one important principle. The Doctrine of independence is not to be raised to the level of a dogma so as to enable the judiciary to function as a kind of super-Legislature or super-executive. The Judiciary is there to interpret the constitution or adjudicate upon the rights of parties concerned.”
Tuesday, February 22, 2011
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