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4 Issue 3 Int'l J.L. Mgmt. & Human. 2448 (2021)
Judicial Independence: Separation of Power

handle is hein.journals/ijlmhs11 and id is 2488 raw text is: International Journal of Law) Management & Humanities Judicial Independence: Separation of Power RAUNAK RAJ TIWARII 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. Keywords: Doctrine of Separation of Power, Composition of Supreme Court, Removal of Judges, Independent and Impartial Judiciary. I. INTRODUCTION Only an impartial & independent judiciary can protect the right of the individual & provide equal justice without fear or favour. During the framing of the constitution, a question was asked by the framers of our constitution that what would be the status of the judicial system, which was answered by Dr B.R. Ambedkar in the following words: There can be no difference of opinion in the house that our judiciary must be both independent of the executive & must also be competent in itself 2 The framers of the constitution thought of making the judiciary independent & make it self sufficient in itself the reason behind doing so was to secure the stability & prosperity of the society. This is the reason why fundamental rights were guaranteed to the citizens & several 1 Author is an Advocate in India. 2Available at, http://hanumant.com/Judiciary.html (last visited on 2/4/21) © 2021. International Journal of Law Management & Humanities [ISSN 2581-5369] 2448 [Vol. 4 Iss 3; 2448]