INDEPENDENCE OF JUDICIARY VIS JUDICIAL GOVERNANCE
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Abstract
“The Independence that is most difficult for a judge to achieve is independence from those influences which unconsciously affect our attitude to particular classes of people”
The independence of Judiciary is one of the most integral parts of democracy, intending to shield and protect the judicial process from external influences and to provide full legal protection to all the individuals going to courts for whatever reason. Court is always expected to act as protectors of the law, who independently exercise their judicial power without any functional or individual interference. Such interferences usually come from legislative and executive officials, political parties, paramilitary and intelligent forces, criminal group and judicial hierarchy itself. The United Nations also has endorsed the essential importance of an independent judiciary by its adoption of the Basic Principles on the Independence of the Judiciary at its Seventh Congress in 1985.in simple words the term “Independence of the judiciary” means that the judiciary as an organ of the government should be free from influence and control of the other two organs i.e. the executive and the legislature, of the government. Freedom from the influence and control of the executive is of crucial importance. Every democratic country adopts various means to ensure freedom of the judiciary and thereby to ensure individual freedom. The Constitution of India has provided for an independent and impartial judiciary in India as it can only protect the rights of the individual and provide equal justice to all without fear or favour.
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