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Q. In the context of Judiciary in India, what is meant by the term 'Independence of Judiciary '?

  1. That the other organs of the government should not interfere with the decision of the judiciary.

  2. Judges must be able to perform their functions without fear or favour.

  3. Other organs of the government like the executive and legislature must not restrain the functioning of the judiciary

  4. That the Judiciary is not accountable to the constitution for its decisions taken.


Select the correct answer, using the codes given below:
Options:
A .  1, 2 and 3 only
B .  2 and 3 only
C .  2, 3 and 4 only
D .  1, 2, 3 and 4
Answer: Option A
:
A
Explanation:
Statement 1, 2 and 3 are correct :-Simply stated independence of judiciary means:

  • other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice

  • The other organs of the government should not interfere with the decision of the judiciary.

  • Judges must be able to perform their functions without fear or favour.


Statement 4 is incorrect: Independence of the judiciary does not imply arbitrariness or absence of accountability. Judiciary is a part of the democratic political structure of the country. It is therefore accountable to the Constitution,to the democratic traditions and to the people of the country.

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