CONSTITUTION LAW – II RESPONSE PAPER

 Write a review of the concept of Judicial Independence. Assess the

threats to Judicial Independence in India.
We have provided in the Constitution for a judiciary which will be independent. It is difficult to
suggest anything more to make the Supreme Court and the High Courts independent of the
influence of the executive. There is an attempt made in the Constitution to make even the lower
judiciary independent of any outside or extraneous influence.' There can be no difference of
opinion in the House that our judiciary must both be independent of the executive and must also
be competent in itself And the question is how these two objects could be secured.' now a days
the independence of the judicial system has a big question The government order for
Justice Muralidhar's transfer to the Punjab and Haryana High Court came through on
February 26, hours after he raised questions on the Delhi Police inaction on hate speeches
by BJP leaders and in the violence that left 53 dead.
justice muralidhar (58), who received a grand farewell from a huge gathering including
judges and lawyers amid big rounds of applause, said he wanted to clear the confusion on
his transfer and narrated the sequence of events from the time he received cji's
communication till february 26.
the supreme court collegium, headed by the cji, had in a meeting on february 12
recommended the transfer of justice muralidhar to punjab and haryana high court.
justice muralidhar was number three in the delhi high court, his parent high court as a
judge.
VFour sitting Supreme Court judges, in an unprecedented move, called a press
conference and talked about the apex court's house not being in order. One of the judges
said, "democracy will not survive". Justice Chelameshwar said the call to the nation was
done amid ''extraordinary" circumstances. Following the conference, Judges J
Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph released a seven-page
letter that they wrote to the Chief Justice of India Dipak Misra.. which was not taken
place any time before the Indian judiciary history rashant Bhushan, Senior SC Lawyer: I
express my gratitude to the SC judges. CJI Dipak Misra has 'blatantly' misused his power
as 'master of roster' to achieve particular outcomes in cases. The Chief Justice must resign
if he has any sense of responsibility.

 The general principle of judiciary that is the independence of the judiciary shall
be guarded by the state find in the constitution .
 Judiciary can decide matter before them on the matter of fact without the tread
and any political influence
 The judiciary have jurisdiction over all accept of judicial nature and should have a
executive authority to decide the matter within the competent of law
 There shall not be a revision on the order of the court by some other body
 Judicial conduction must be fair and the right of the parties should be protected .
 The state should give a proper adequate support .
 Judicial institution should have jurisdiction to deal with the matters .
 Person selected should be integrity and ability with appropriate manner
 In the selection of judges there shall be no discrimination on the ground of race,
sex , colour , political influence , caste , or statues .
 The judges welfare is adequately secured by law like pension. And security. and
age of retirement because it is in the hand of executive
 Everyone shall have the right to be tried by ordinary courts or tribunals using
established legal procedures. 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.
 Promotion should be done on ability , integrity , and main thing is experience .
 Assignment of cases within them is the internal matter
 Discipline suspension and removal at the charge or the complaint mad under the
judge should be done fairly and in the appropriate procedure the judge have a right
 for the hearing of matter at the initial stage and that matter should be confidential
unless the permission of the judge is granted .
 Suspension should be in the fair manner and the reason should be fair and subject
to independent review. Should not be in the executive and the legistrative hand

BCO180008

ARSHATH AHAMED