Title: Mastering the Complex Art of Thesis Writing: Unraveling the Independence of Judiciary

Embarking on the journey of thesis writing is akin to navigating a labyrinth of intricate concepts,
exhaustive research, and rigorous analysis. Among the myriad of topics, delving into the
Independence of Judiciary presents its own set of challenges and nuances. As the cornerstone of a
fair and just legal system, exploring this topic demands meticulous attention to detail and
comprehensive understanding.

The pursuit of crafting a thesis on the Independence of Judiciary demands more than just academic
prowess. It requires a deep-seated commitment to uncovering the intricacies of judicial systems,
understanding the historical precedents, and dissecting the multifaceted dimensions of independence
within the judiciary.

One of the primary hurdles faced by aspiring thesis writers is the sheer breadth and depth of the
topic. The concept of judicial independence is not confined to a singular perspective; rather, it
encompasses a spectrum of elements including institutional autonomy, impartiality, accountability,
and separation of powers. Navigating through this complex web necessitates a structured approach,
rigorous research methodologies, and analytical rigor.

Furthermore, the task of synthesizing vast amounts of literature, legal precedents, and empirical
studies adds another layer of complexity. From seminal court cases to scholarly discourse, the
process of sifting through diverse sources demands both time and expertise.

Moreover, formulating a coherent argument and articulating original insights requires a keen
analytical mind and a nuanced understanding of the subject matter. Aspiring thesis writers often find
themselves grappling with the challenge of striking a balance between theoretical frameworks and
practical implications, all while maintaining academic rigor and scholarly integrity.

Amidst these formidable challenges, seeking expert guidance and assistance can significantly
alleviate the burden of thesis writing. ⇒ HelpWriting.net ⇔ offers a lifeline to students embarking
on this arduous journey. With a team of seasoned academic writers and subject matter experts, ⇒
HelpWriting.net ⇔ provides comprehensive support at every stage of the thesis writing process.

From topic selection and literature review to data analysis and drafting, ⇒ HelpWriting.net ⇔
empowers students to navigate the complexities of thesis writing with confidence and clarity. With a
commitment to excellence and a track record of delivering impeccable results, ⇒ HelpWriting.net
⇔ stands as a beacon of support for students striving to conquer the daunting task of thesis writing.
In conclusion, crafting a thesis on the Independence of Judiciary is a formidable task that demands
unwavering dedication, intellectual rigor, and expert guidance. By leveraging the expertise and
support offered by ⇒ HelpWriting.net ⇔, students can transform this daunting endeavor into a
rewarding academic pursuit, paving the way for scholarly success and intellectual fulfillment.
Thus, the judiciary guards the constitution and the fundamental rights of the citizens. Safeguarding
the rights of individuals, settling disputes in accordance with the law, and equal importance given to
all are some important aspects of the Judiciary. These provisions include:- (1) Judicial Appointments:
Independence and impartiality of judiciary is the hallmark of democratic set-up. It is the duty of all
governmental and other institutions to respect and observe the independence of the Judiciary. It
should not be influenced or pressurized by any other organ of the country. Tribunals that do not use
the duly established procedures of the legal process shall not be created to displace the jurisdiction
belonging to the ordinary courts or judicial tribunals. This power would have been limited had it only
been applicable when a case comes to court. Separation of powers as a concept of importance is
related to and subjected to judicial independence. Introduction 1. Only in the United States do
judges play so large a role in policy-making. Part 2 of the Tribunals, Courts and Enforcement Act
2007 aims to increase diversity among the judiciary. Not only this High court is empowered to make
appointments to the lower judiciary. Therefore, the founding fathers of the Constitution added a
provision in Part-IV of the Constitution which directs the State to make all-out efforts to keep the
judiciary out of politics. He takes into consideration two things: (i) public. Likewise, the Chief
Justice of the High Courts has been authorized to make recruitment to the respective High Courts.
Justice of India and other Judges of the Supreme Court (SC), and Chief Justice. Out of these,
independence of the judiciary is one of the most important features of federalism polity, to interpret
the constitution of India and to maintain its sanctity. There are different dimensions of Judicial
Independence, which include the following. But when the legislature tries to go beyond its limits
and take away people’s rights, the judiciary makes sure that such action is declared unconstitutional
or illegal. Article 124 deals with the appointment of Judges to the Supreme Court and. Similarly, a
collegium of High Court judges follows the same combination. After the Battle of Lexington and
Concord, 20,000 armed Patriots surrounded Boston, keeping the 6,000 British soldiers in the city.
What are the dangers of a literalist interpretation of the Constitution. Which emphasizes the
importance of securing the judiciary from any external interference. But it is not the sole law-making
body, although it is responsible for the majority of laws that exist today. Congratulations! You have
successfully registered for the webinar. By continuing we’ll assume you’re on board with our cookie
policy. Goni and many others that followed question the continuing relevance, independence of
Nigerian Court in the judicial review of electoral matters, and importantly the sanctity of the doctrine
of separate of powers which forms the basic structure of the Constitution. This release extends and
applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected
injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and
known to exist. Regarding the constitutional provision of India, Article 50 of the Indian constitution
safeguards independence by separating them from other organs of the state which is from executive
and legislative, which is important for maintaining the principle of Natural Justice for ensuring a rule
of law. Shankar Prasad. The Bill has been introduced in conjunction with the.
Although the NJAC system was imperfect, it should have been an indication for the judiciary to
modify and improve the existing system of appointment. The judiciary does not only provide justice
between one person and the other or among one group of people and the other, it also does justice in
the disputes arising among individuals and States. It is one of the top-ranked law firm in
Bangladesh. It is also responsible for keeping on the working legislature. The judges' safety needs to
be guaranteed in order for them to render decisions impartially. Later, however, more courts were
created and a judicial profession grew. The state corruption of the judiciary makes it almost
impossible for any business to optimally facilitate the growth and development of national market
economy. Lok Shabha on August 11, 2014 by the Minister of Law and justice, Mr. Ravi. For
example, there are issues on which either the central or the state government can make laws, and in
some, both can make laws. The primary goals of the constitution are outlined in the Preamble. It is
the duty of all governmental and other institutions to respect and observe the independence of the
Judiciary. In some parts of Switzerland, the judges are elected by the people, and in others, elections
are conducted by the legislature. Many personalities have criticised it for various reasons that we
shall discuss. Dr. NN Chavan Keynote address on ADNEXAL MASS- APPROACH TO
MANAGEMENT in the. It is the third organ of the government after the legislature and the
executive, which is based on the doctrine of separation of powers. After the Battle of Lexington and
Concord, 20,000 armed Patriots surrounded Boston, keeping the 6,000 British soldiers in the city.
The United States Constitution was the first to include the Preamble idea. Ind. The courts have taken
notice of this issue for years but have failed to do much in this regard. Many courts in various
African nations have also been accused of corruption. But fortunately, it is not restricted as the Court
can take suo motu cognizance and review the rules and legislation made by Parliament. Union of
India (1977), it was held that the Centre under Article 256 can issue directions to a state as a legal
entity and not as a geographical unit. Judiciary is expected to deliver justice in an impartial manner.
Constitution. Courts have said to so because the independence of judiciary is. The Supreme Court
does this through the pronouncement of judgments, and these are binding on all the lower courts.
Articles 214 to 231 deal with the jurisdiction and powers of the High Courts. Constitution and has
also been recognised as a human right by international. Constitution by interpreting and applying its
provisions and keeping all. It is often said that the Supreme Court of the U.S. declared the New Deal
legislation of F.D.R. Roosevelt legal only after the bench happened to be filled with judges selected
by him. Any law that is infringing on the rights of people is declared unconstitutional by the Supreme
Court, and that law ceases to exist. Judges (Conditions of Service) Act, 1958 as amended in 2009
and for the High.
In the determination of any criminal charge against him, or of his rights and obligations in a suit at
law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial
tribunal established by law.. Chapter 4 Computer slide No. 8 Key legal texts II African Charter on
Human and Peoples’ Rights,article 7 (1): Every individual shall have the right to have his cause
heard. It ensures that judges are free to conclude the actions taken or the decisions made by the
Government are in breach of the law and they in breach with individual rights. This is to ensure
judges remain independent of pressure from the Government and other political groups and etc. As
per data published in The Hindu, 70% of prisoners in India were under trial as of 2020. To maintain
the sanctity of the institution, one cannot register a case against a judge without the assent of the
Chief Justice of India. When dealing with a criminal case, the District Court assumes the name of the
Sessions Courts. Being one of the most essential organs, it has powers and functions that go beyond
just resolving disputes. These disputes have to settle by some independent body in accordance with
the rule of law. Article 124(3) prescribes qualifications of a person who can be appointed as. Louis
Region Narrative Exploration of New Categories at Mondelez Narrative Exploration of New
Categories at Mondelez Evaluation and management of patients with Dyspepsia.pptx Evaluation and
management of patients with Dyspepsia.pptx Independence of the judiciary 2. ? The judiciary is an
independent organ of the. Romans 2:11 “For there is no partiality with God.”. Acts 10:34. Then Peter
opened his mouth and said: “ In truth I perceive that God shows no partiality.”. “There Is No
Partiality With God”. Many policymakers and legal observers have raised concerns that judicial
decisions may be affected by donations to judges’ election campaigns. The fourth and final case was
decided in the year 2015, which involved the striking down of the 99th Constitutional Amendment
for being unconstitutional. Along with the legislature, it formulates rules by setting precedents that
affect future cases. The requirements for faith and confidence won't be met if executive control over
judicial processes and judicial bias against the executive are permitted. Which is impossible if the
Judiciary is not independent. However, these differences are the root of every dispute. Therefore, the
judiciary, as an organ of the government, plays an active and important role in the administration of
the country. This release extends and applies to, and also covers and includes, all unknown,
unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences
thereof, as well as those now disclosed and known to exist. It lacked the teeth of both the other
branches of government; it had neither the power of the sword nor the power of the purse.”. KEY
TERMS Valley Forge Trenton Saratoga Inflation Profiteering. Since there are cases of varying
degrees, no matter how extensive the provisions of a statute are, they may not be adequate to cover
all the issues of a case effectively. According to this perspective, judicial independence stems from
the courts' inherent power, which allows them to exercise their jurisdiction free from interference
from the executive branch. The courts have taken notice of this issue for years but have failed to do
much in this regard. Court Judges, The High Court Judges (Conditions of Service) Act, 1954 as
amended. Due to the high pendency of cases, a lot of innocent people are being imprisoned for
crimes they did not commit. Shivani Sharma Rule of law presentation final Rule of law presentation
final Prateek Maheshwari Judicial activism in India ( Brief Notes ) Judicial activism in India ( Brief
Notes ) sandhyakrish2 Rule of law Rule of law Sunit Kapoor The High Courts The High Courts Joe
Christensen Judicial Review with a reference of Judicial Activism. Analyze the implications of the
adversarial process Explain the structure of the federal court system Compare and contrast arguments
in favor of and against judicial activism Describe the process of reaching a decision to the U.S.
Supreme Court. Time-Honored Wisdom: African Teachings for VUCA Leaders Time-Honored
Wisdom: African Teachings for VUCA Leaders EDL 290F Week 1 - Meet Me at the Start Line.pdf
EDL 290F Week 1 - Meet Me at the Start Line.pdf Website Fixer-Upper Series to Boost your Online
Presence Website Fixer-Upper Series to Boost your Online Presence Unleashing the Power of AI
Tools for Enhancing Research, International FDP on. According to this doctrine, the power of the
government is divided into multiple branches, among which the judiciary is one.
In most democratic countries, the higher judiciary is often by implication, endowed with a certain
amount of discretion. However, the government does hire retired higher judiciary judges as heads of
various commissions. A nalyze the impact of Thomas Paine ’s Common Sense. The fiction of the
Judex holds civil balance between order and chaos. We center the presentation on three basic
questions: WHAT? WHY? HOW. However, this self-regulation will come to an end when those
bodies themselves come under the regulation of the Legal Standards Board, composed of non-
lawyers, under the Legal Services Act 2007. Contempt of Court can cite both civil contempt and
criminal contempt. Many policymakers and legal observers have raised concerns that judicial
decisions may be affected by donations to judges’ election campaigns. Since both the judiciary and
the government have the power to alter the rights of people, there has to be someone to play the role
of a protector. Former Chief Justice of India, S. P. Bharucha, has said that 20% of the higher
judiciary might be corrupt. KEY TERMS Valley Forge Trenton Saratoga Inflation Profiteering.
Government may deem it necessary to consult, are merely constitutional. It is one of the top-ranked
law firm in Bangladesh. Being one of the most essential organs, it has powers and functions that go
beyond just resolving disputes. Since ancient times, courts have played the role of the third person.
According the provisions of the Constitution, there shall be officers, servants. Although the NJAC
system was imperfect, it should have been an indication for the judiciary to modify and improve the
existing system of appointment. To maintain the independence of the judiciary man of juristic
eminence is chosen as judges certain checks are provided. Appointment Commission (NJAC) was
passed by both the houses of the Parliament. Chapter 4 Computer slide No. 21 Special courts and
tribunals According to Principle 5 of the Basic Principles on the Independence of the Judiciary:
Everyone shall have the right to be tried by ordinary courts or tribunals using established legal
procedures. GRECO’s outreach today:. 49 Member States: all Council of Europe member States as
well as Belarus and the United States of America. Articles 214 to 231 deal with the jurisdiction and
powers of the High Courts. The power to appoint a judge to the Supreme Court or a High Court
entrusts the President. Shivani Sharma Rule of law presentation final Rule of law presentation final
Prateek Maheshwari Judicial activism in India ( Brief Notes ) Judicial activism in India ( Brief Notes
) sandhyakrish2 Rule of law Rule of law Sunit Kapoor The High Courts The High Courts Joe
Christensen Judicial Review with a reference of Judicial Activism. Throughout the years, the courts
have developed ways to apply laws more effectively, which include the rules of interpretation. It is
headed by the Chief Justice of India (CJI) and it consists of four other senior judges of the High
Courts. Transparency is crucial because the public needs to be sure before placing their trust in an
institution that has the responsibility of protecting their rights. It lacked the teeth of both the other
branches of government; it had neither the power of the sword nor the power of the purse.”.
Constitution and has also been recognised as a human right by international. It aimed to replace the
highly criticised collegium system of appointing judges.
Another instance was the proactive censorship of the movie Jolly LLB 2. The Indian Constitution
has made various provisions to make sure the independence of the judicial system. Tribunals that do
not use the duly established procedures of the legal process shall not be created to displace the
jurisdiction belonging to the ordinary courts or judicial tribunals. The power of the Supreme Court
cannot be suspended. For example, to investigate the matter of an encounter of arrested individuals
by the police in Hyderabad, the Supreme Court constituted an enquiry commission. That is, courts
should not be subject to improper influence from the other branches of government, or from private
or partisan interests. What are the dangers of an unelected, activist judiciary. In some parts of
Switzerland, the judges are elected by the people, and in others, elections are conducted by the
legislature. A voluntary written declaration of the service providers' service standards, c. The
constitution allows citizens to approach the Supreme Court under Article 32 and the High Courts
under Article 226 when their fundamental rights are violated. Separation of power is one of the
central themes of independence of the judiciary from the executive and the legislature. All the above
liabilities and duties can be performed only when the country has an independent, authoritative and
impartial judiciary system. Lok Shabha on August 11, 2014 by the Minister of Law and justice, Mr.
Ravi. According to this system, senior judges are responsible for the appointment and transfer of
judges. Since the judiciary consists of great legal minds in the country, the head of state can seek
advice from the judges of the highest court in the country. It is not sufficient for the judge to be
impartial: he or she must also be perceived to be impartial. The main concern of independence is that
the judges are able to decide upon a dispute before them according to the law, uninfluenced by other
factors. An independent judiciary is regarded as if it were the font of justice, the. Hence this
principle will always be enshrined in the Constitution of India as a keystone of the Constitution of
India. But the decisions taken by the judiciary can be overturned by the legislature if it is determined
to go against them. Since ancient times, courts have played the role of the third person. Article 124
of the constitution dealt with the appointment of Judges to the Apex Court and Article 217 dealt
with the appointment of Judges to High Courts. The latter undermines the principle of powers’
“checks and balances”, as it creates a critical financial dependence of the judiciary. Justice of India
makes a recommendation without any complying with the norms and. The fundamental rights would
be just words on paper and nothing more. Court, it is nearly impossible to remove him or her from
the. This was following remarks he made criticising the two black jurors, who were involved in a riot
trial in Bristol. Constitution and guardian of the rights of the citizens. They have their own
boundaries and cannot interfere in the functioning of each other. Except in extreme financial
situations, their wages and allowances cannot be changed to their detriment throughout the period of
their office.
The court must be allowed to perform its function in an atmosphere of independence and it should
be free from all kinds of political pressures. Only in exceptional countries, where the political
majority is of doubtful validity that precautions are needed to ensure proper selection. The theory of
separation of powers was incorporated into the constitution to provide a balance or set the
boundaries for the operation of these three organs. The nomination of judges after they have retired
could be a barrier to achieving judicial independence. Article 124 of the constitution dealt with the
appointment of Judges to the Apex Court and Article 217 dealt with the appointment of Judges to
High Courts. This was following remarks he made criticising the two black jurors, who were involved
in a riot trial in Bristol. Judicial Review is mostly classified into three types: reviews of legislative
actions, reviews of judicial decisions, and reviews of administrative action. As we all know, not all
disputes are civil disputes. To maintain the independence of the judiciary man of juristic eminence is
chosen as judges certain checks are provided. Judges and the court systems must be able to discharge
their adjudicatory duties without interference from the executive or legislative. The decisions of the
High Courts can be overturned by the Supreme Court. They are permitted to receive donations to
help them in their campaigns. But when the legislature tries to go beyond its limits and take away
people’s rights, the judiciary makes sure that such action is declared unconstitutional or illegal. This
can only be exercised by the Lord Chief Justice after an investigation into these allegation by a senior
judge appointed by the Lord Chief Justice, then with further discussion and agreement of the Lord
Chief Justice and other senior judges. There was the recognition that Judges, particularly the. Mutual
Consent Divorce is the Simplest Way to Obtain a D. When a case goes to court, the judge is
responsible for ensuring justice for the parties by applying relevant laws present at that time. Unless
those appointed to the bench are competent and upright and free to judge without fear or favor, a
judicial system, however sounds its structure may be on paper, is bound to perform poorly in
practice”- Schwartz APPOINTMENT: HOW IT WORKS? (appellate courts) But who recommends
to the FJSC. Except in a country like Britain, where judges hold the office during the pleasure of the
crown, it is normal to lay down specific rules in Black and white guaranteeing their tenure. Had the
judiciary not been independent, it wouldn’t have taken time for the legislature to oust it and overtake
its place in the country. Judges of the Supreme Court and the High Courts in the states as the
President. There are three kinds of reviews, review of legislative actions, review of decisions, and
review of administrative action. In the English legal system they are the Cabinet, Parliament and the
Supreme Court (High court and Court of Appeal). It comprised the CJI and four of the senior-most
judges of the SC. It is one of the top-ranked law firm in Bangladesh. The attributes of the judges
depend on the necessary conditions for the appointment of judges. After the Stuarts were removed in
the Glorious Revolution of 1688, some advocated guarding against royal manipulation of the
judiciary. But, the judiciary is vested with the power to determine whether the restriction imposed
adhere to the test of reasonableness and proportionality. There are different dimensions of Judicial
Independence, which include the following. Contribute your expertise and make a difference in the
GeeksforGeeks portal.