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Question -

You read that one of the main functions of the judiciary is ‘upholding the law and Enforcing Fundamental Rights’. Why do you think an independent judiciary is necessary to carry out this important function?



Answer -

The independent judiciary is necessary to carry out this function because of the following reasons:

  1. The Independent judiciary does not work under any pressure from the legislature or the executive. It can protect the Fundamental Rights.
  2. It works independently to give every citizen, whether rich or poor, equal rights and he/she cannot be discriminated against any other considerations.
  3. In a situation where a politician or the executive has the power to appoint the judges, the judiciary will not be able to take independent decisions. For example, a judge appointed by a politician will not be able to judge a case against that person on its merit. Rich and powerful might try to influence the judiciary. To prevent such a situation Constitution provides for an independent Judiciary.

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