A RELATIVE STUDY OF THE INDEPENDENCE OF JUDICIARY IN AUSTRALIA

AND INDIA
ABSTRACT

India and Australia, both have the rule of law as a strong feature of constitutionalism. In both
India and Australia, the appellate jurisdiction is integrated. The Supreme Court is not
confined substantially to federal constitutional and legal issues and orders. The general nature
of the courts’ jurisdiction has influenced the character and self-perception of the final
national court and the techniques of reasoning and argumentation. Although India has a
President, its system of government is essentially parliamentary, not presidential. In the
Australian Constitution, the Governor-General is provided for in terms that likewise.
Although there is a separation of powers in the Australian and Indian Constitutions, between
the Executive, Legislature and judiciary respectively. The judiciary is the government branch
that is concerned with the administration of justice. The judiciary is absolutely separate from
the executive and the legislature, so it can check the concentration of government power. The
independence of the judiciary is crucial of a democratic community because when judges are
presiding over cases, there must be no interference and intimidation from the external forces.
The independence issues touches upon the conflict of authority and freedom.