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The IUP Journal of Law Review

Independence of Judiciary in India and US: A Comparative Analysis

Article Details

Pub. Date	: Oct' 2022
Product Name	: The IUP Journal of Law Review
Product Type	: Article
Product Code	: IJLR011022
Author Name	:Dilip Sharma
Availability	: YES
Subject/Domain	: Arts & Humanities
Download Format	: PDF Format
No. of Pages	: 17

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Abstract

Judiciary is one of the three important organs of the government. The independence of the judiciary is crucial for the performance of its functions without fear or favor. The independence of judiciary basically refers to non-interference from any other organ of the government restraining its function to deliver justice in a fair and impartial manner. However, it doesn't mean absence of any form of accountability. Montesquieu who propounded the idea of independence of judiciary majorly relied on the theory of separation of power to ensure an independent judicial system. Despite all the efforts, maintaining the judiciary free from all forms of bias is still a far-reaching dream. This paper examines the concept and importance of the independence of judiciary. The paper also highlights the various ways in which the independence of the judiciary can be curtailed. The paper further includes the interrelation between the doctrine of separation of powers and the concept of independence of the judiciary. The measures adopted by various constitutions, with special reference to the Indian and US constitutions, are also discussed and compared.

Introduction

Judiciary, a very important and integral part of any democracy, helps maintain the rule of law by applying and interpreting the law and adjudicating the issues raised in a fair and neutral manner. The independence of judiciary has always remained a passionate topic, emphasizing the importance of a fair judicial system that can take its decisions without any influence from external or internal bodies and agencies. According to the concept of independence of judiciary, a judge should not be subject to any form of political or social interference.

The concept of independence of judiciary is vested in the principle of separation of powers between the legislative, executive and judiciary.1 The doctrine of separation of powers ensures that no branch of government interferes and deprives another of its right to use its powers and to perform its function in a free, fair, and neutral manner.2 According to it, the judge should be able to resolve a dispute placed before the court according to the law without any influence from the other organs of government. In