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I. Introduction. Judicial independence is essential in every democracy. All developed and underdeveloped countries emphasises on ensuring judicial independence. The laws and constitutions of different jurisdictions are replete with provisions how to appoint judges to higher judiciary to make it independent.
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Jun 2, 2022 · However, the independence of judiciary is sufficiently guaranteed by the Constitution by providing security of tenure and fixed salary for the judges of the Supreme Court and High 342 Courts.
- Prof. (Dr.) D. SURYA PRAKASA RAO
- 1. Introduction:
- 2. Defining Equity, Fairness, and Independence in the Judicial System:
- 2.1 Equity:
- 2.2 Fairness:
- 2.3 Independence:
- 3. Historical Evolution of the Indian Judiciary:
- 3.1 Ancient Roots:
- 3.2 Medieval Dynasties and Colonial Influence:
- 3.4 Landmark Cases and Judicial Activism:
- 3.5 Contemporary Challenges and Reforms:
- 4. Landmark Cases: Illustrating the Trifecta in Action
- 4.1 Kesavananda Bharati v. State of Kerala (1973):
- 4.2 Maneka Gandhi v. Union of India (1978):
- 4.3 Vishakha v. State of Rajasthan (1997):
- 4.4 Common Cause v. Union of India (2018):
- 5. Reforms and Recommendations: Improving the Judiciary
- 5.1 Clearing Backlogs and Speedy Justice:
- 5.2 Transparency and Accountability:
- 5.3 Alternate Dispute Resolution (ADR):
- 5.4 Legal Aid and Access to Justice:
- 5.5 Judicial Training and Capacity Building:
- 5.6 Modernization and Digitization:
- 6. Conclusion: Upholding the Crucial Trifecta for a Just Society
B.Sc. LL M. Ph.D. Honorary Professor, Former Chairman, Faculty of Law and Former Principal Dr. B R Ambedkar College of Law Andhra University, Visakhapatnam Abstract: The Indian judiciary stands as a cornerstone of the nation's democratic framework, upholding justice, rights, and the rule of law. The triumvirate of equity, fairness, and independe...
In the vast tapestry of a nation's legal framework, the principles of equity, fairness, and independence stand as essential cornerstones upon which the edifice of justice is erected. Within the context of the Indian judiciary, this trinity of values forms an inseparable nexus, guiding the path towards a society that cherishes the ideals of equality...
At the heart of a just and effective judicial system lies the triumvirate of equity, fairness, and independence. These core principles serve as the cornerstones of justice, shaping the way cases are adjudicated, decisions are made, and societal norms are upheld within the Indian judiciary. As we delve into the intricacies of "Equity, Fairness, and ...
Equity in the context of the judicial system denotes the principle of treating individuals fairly and justly, regardless of their social, economic, or personal attributes. It goes beyond the strict application of law and empowers judges to consider the unique circumstances of each case, ensuring that justice is administered with a keen awareness of...
Fairness, while closely related to equity, encompasses a broader spectrum of values that encompass impartiality, transparency, and due process. A fair judicial system guarantees that all parties involved are given an equal opportunity to present their arguments, and decisions are made based on a balanced evaluation of the evidence and legal princip...
Judicial independence is provided guidelines for administering justice based on principles of fairness and morality. The judiciary of these eras a emphasized foundational tenet that safeguards the judiciary's autonomy from external influences, be it from the executive, legislative, or other entities. An independent judiciary is essential to prevent...
The historical evolution of the Indian judiciary is a tapestry woven with threads of tradition, adaptation, and transformation. From ancient times to the modern era, the journey of the judiciary in India reflects a complex interplay of societal norms, legal systems, and the quest for equity, fairness, and independence.
The origins of the Indian judicial system can be traced back to ancient times, where local communities and councils played a pivotal role in resolving disputes and dispensing justice. Dharmashastras, ancient legal texts, reconciliation, compromise, and the role of community leaders in resolving conflicts.
As India experienced waves of medieval dynasties, the concept of justice evolved alongside political shifts. The Mughal Empire and other rulers established courts with qazis and judges to address legal matters. However, the colonial period marked a significant shift in the Indian judiciary's landscape. The British introduced their legal systems, in...
Over the decades, landmark cases further shaped the trajectory of the Indian judiciary. Cases such as Kesavananda Bharati v. State of Kerala and Maneka Gandhi v. Union of India expanded the scope of fundamental rights and judicial review, emphasizing the judiciary's role as a safeguard against executive excesses. Judicial activism emerged as a mean...
In modern times, the Indian judiciary faces challenges such as backlogs of cases, delays in justice delivery, and issues related to transparency and accountability. Efforts are being made to address these challenges through technological advancements, judicial reforms, and strengthening the infrastructure of the courts.
Within the annals of the Indian judicial system, certain cases stand as beacons of justice, shining light on the principles of equity, fairness, and independence. These landmark cases serve as touchstones that highlight the judiciary's role in upholding the crucial trifecta and shaping the trajectory of India's legal landscape.
The Kesavananda Bharati case marked a watershed moment in Indian jurisprudence, affirming the principle of judicial review and the supremacy of the Constitution. The case centered around the question of whether the Parliament had the power to amend fundamental rights enshrined in the Constitution. The Supreme Court's decision emphasized the concept...
In the Maneka Gandhi case, the Supreme Court expanded the scope of the right to life and personal liberty enshrined in Article 21 of the Constitution. The case involved the cancellation of Maneka Gandhi's passport without due process. The court's ruling emphasized that the right to life included the right to live with dignity and the right to trave...
The Vishakha case exemplified the judiciary's commitment to addressing social injustices and promoting gender equity. In this landmark judgment, the Supreme Court laid down guidelines to prevent sexual harassment at workplaces, acknowledging that gender-based discrimination undermines fairness and justice. By setting forth guidelines for preventing...
The Common Cause case reaffirmed the judiciary's role as a guardian of transparency, accountability, and independence. The case revolved around the appointment of the Central Vigilance Commissioner (CVC) and the Director of the Central Bureau of Investigation (CBI). The Supreme Court's ruling emphasized the importance of an independent and impartia...
In the pursuit of a more equitable, fair, and independent Indian judiciary, the path to progress often involves introspection, innovation, and the implementation of reforms. As the legal landscape continues to evolve, several key reforms and recommendations have emerged to enhance the functioning of the judiciary and uphold the essential trifecta o...
One of the primary challenges facing the Indian judiciary is the backlog of cases that often leads to delayed justice. To address this issue, recommendations have been made to enhance the efficiency of courts through technological advancements, case management systems, and the appointment of more judges. By reducing the time taken for cases to be h...
Promoting transparency and accountability within the judiciary is crucial to maintaining public trust and ensuring the judiciary's independence. Reforms in this area include introducing mechanisms for judicial accountability, such as establishing clear guidelines for the conduct of judges, implementing codes of ethics, and facilitating mechanisms f...
To alleviate the burden on courts and provide quicker resolution to disputes, there is a growing emphasis on promoting alternative dispute resolution methods such as mediation, arbitration, and negotiation. These mechanisms encourage parties to actively participate in finding solutions, ensuring fairness and equity while also relieving the strain o...
Ensuring equitable access to justice for all citizens, regardless of their socio-economic status, is a fundamental principle. Reforms aim to bolster legal aid mechanisms, making legal representation available to marginalized and economically disadvantaged individuals. This ensures that fairness is upheld by providing everyone with the means to pres...
Continuous judicial education and training play a pivotal role in enhancing the quality of judgments and maintaining the judiciary's credibility. Regular training programs help judges stay updated with evolving legal principles, international standards, and best practices, enabling them to deliver judgments rooted in fairness, equity, and independe...
Technological advancements have the potential to revolutionize the way courts function. Reforms include the adoption of digital case management systems, e-filing, and virtual court proceedings. These innovations not only enhance efficiency but also promote accessibility, transparency, and convenience for litigants. As the Indian judiciary navigates...
In the intricate tapestry of the Indian judicial system, the threads of equity, fairness, and independence are interwoven to form a fabric that embodies the ideals of justice and democracy. As we conclude our exploration of "Equity, Fairness, and Independence: The Crucial Trifecta for the Indian Judiciary," it is evident that these principles are n...
± the meaning of independence of judiciary; ± the role of Indian Judiciary in protecting our rights; ± the role of the Judiciary in interpreting the Constitution; and ± the relationship between the Judiciary and the Parliament of India.
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Judicial Independence. Dr. B.R. Ambedkar, the Chairman of the Drafting Committee encapsulated the kind of Judiciary that the Constitution of India would afford to the people of India in the following words: “There can be no difference of opinion in the House that our judiciary must be both
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inter-relationships, checks and balances. Independence of judiciary is essential to the rule of law and constitutional norms. The Structure 7.2 Provisions in regard to the judiciary in India are contained in Part V („The Union‟) under Chapter IV titled „The Union Judiciary‟ and Part VI („The States‟) under Chapter VI titled
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INDEPENDENCE OF JUDICIARY IN INDIA. Dr-Prashant Kumar Srivastava. Independence of the judiciary and separation of powers is one of the important and central tenets of the democracy. Therefore Indian apex Court has declared it as basic structure of the constitution.
