Misinterpreting the Judicial Independence

Abstract

From the ‘Basic Structure doctrine1’ to the ‘Natural Justice principle2’, from Golaknath 3 judgment to the Keshavanand Bharati4 judgment, the Indian judiciary has treaded a long way to act as a guardian of the Constitution rather than mere an adjudicating body. Whenever the Executive or Legislature tried to exceed their jurisdictions, it was the Judiciary, which always got both the wings back to the track. Due to the spate of its landmark judgment, the judiciary in India commanded a profound respect. Those who tended to question the freedom and impartiality of the Judiciary had to think many a times before harbouring such fallacies. No doubt, the previous impressive record of the Indian judiciary is evident of its viability.

Keywords: judiciary, corruption, India, scams