The Impact of Political Influence and Power on the Indian Judiciary

Authors

  • Aayush Kumar 4th Year BA LLB (HONS) Student, Jamia Millia Islamia University, New Delhi.
  • Anirudh Singh 4th Year BA LLB (HONS) Student, Jamia Millia Islamia University, New Delhi

DOI:

https://doi.org/10.60143/ijls.v9.i1.2023.78

Keywords:

Independence, Influence, Interference, Judicial Accountability, Separation of Power.

Abstract

The growing influence and power of political entities have presented significant obstacles to the autonomy of India’s judiciary. The Principles on the Independence of the Judiciary emphasize the significance of impartiality in rendering judgments, wherein decisions are made only on the basis of factual evidence and legal principles, without any undue limitations or inappropriate influences. The principle of separation of powers, which ensures the independence of the judiciary, is particularly highlighted in terms of the judiciary’s role and its relationship with other branches of government. This research provides a critical analysis of the influence of political factors and power dynamics on the Indian Judiciary. It examines the complex connection between political forces and judicial rulings, investigating situations when the judiciary could be influenced by external pressures. Further, the research offers a comprehensive examination of how the legislative and executive branches of government utilize statutory provisions to reverse judicial rulings. It also explores the significance of the Separation of Powers concept within the Indian context. Moreover, it provides illustrations of cases in which such encroachment of authority has taken place inside the Judiciary, emphasizing the difficulties encountered by the Indian Judiciary in preserving its autonomy and probity. It emphasizes the need to protect the autonomy of the judiciary in a democratic society, while also highlighting the difficulties encountered while trying to act as a fair and unbiased judge. This research makes a valuable contribution to the wider academic discussion around the function of the Judiciary in democratic government and the vital responsibility of safeguarding its independence and integrity.

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Published

2023-12-30

How to Cite

Kumar, A., & Singh, A. (2023). The Impact of Political Influence and Power on the Indian Judiciary. International Journal of Law and Social Sciences, 9(1), 1–12. https://doi.org/10.60143/ijls.v9.i1.2023.78

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