Question

Q. In the context of Judiciary in India, what is meant by the term 'Independence of Judiciary '?

Select the correct answer, using the codes given below:

• A.
  1, 2 and 3 only
• B.
  2 and 3 only
• C.
  2, 3 and 4 only
• D.
  1, 2, 3 and 4

Answer 1

The correct option is A

1, 2 and 3 only
Explanation:

Statement 1, 2 and 3 are correct :-Simply stated independence of judiciary means:

• other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice
• The other organs of the government should not interfere with the decision of the judiciary.
• Judges must be able to perform their functions without fear or favour.

Statement 4 is incorrect: Independence of the judiciary does not imply arbitrariness or absence of accountability. Judiciary is a part of the democratic political structure of the country. It is therefore accountable to the Constitution,to the democratic traditions and to the people of the country.