Ensuring Judicial Autonomy: An Examination Of India’s Constitution Provisions

Abstract

The concept of judicial independence has varied interpretations among individuals and has evolved over time, including among the members of the constituent assembly. The constitution, through the Articles, addresses the concept of judicial independence. However, it does not provide a clear definition of what exactly is meant by judicial independence. The central discourse on the independence of the court is rooted in the principle of separation of powers, which has been in existence for many years. The principle of separation of powers emphasises the autonomy of the judiciary as a distinct entity from the executive and legislative branches.