Dear WEDS,
1. Any democratic form of government comprises of three branches namely Legislature, Executive and Judiciary.
The primary function of the judicial branch of a government is to hold trials and decide cases under the nation's laws.
The Legislature and Executive discharge their functions under the Constitution and similarly the Judiciary discharges its own functions under the same.
Although, each of these branches discharges different / separate functions, but collectively they comprise the government and govern the nation.
Hence, a judiciary indeed is a branch of the government and is included within the meaning of the term "Government" as mentioned in Art.12 and as a consequence included within the meaning of the term "the State" as defined under Article12 of the Constitution of India.
The Doctrine of Independence of Judiciary is for protection of Judges in particular and shielding the judicial branch in general from improper influence by the other branches of a government to ensure discharge of free and fair judicial process and has no bearing on whether judiciary is a branch of a government or not.
Warm Regards,
Sunil.
--
It is not always the same thing to be a good man and a good citizen - Aristotle
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.