Independence of Judiciary in India and US: A Comparative Analysis.

Judiciary is one of the three important organs of the government. The independence of the judiciary is crucial for the performance of its functions without fear or favor. The independence of judiciary basically refers to non-interference from any other organ of the government restraining its function to deliver justice in a fair and impartial manner. However, it doesn’t mean absence of any form of accountability. Montesquieu who propounded the idea of independence of judiciary majorly relied on the theory of separation of power to ensure an independent judicial system. Despite all the efforts, maintaining the judiciary free from all forms of bias is still a far-reaching dream. This paper examines the concept and importance of the independence of judiciary. The paper also highlights the various ways in which the independence of the judiciary can be curtailed. The paper further includes the interrelation between the doctrine of separation of powers and the concept of independence of the judiciary. The measures adopted by various constitutions, with special reference to the Indian and US constitutions, are also discussed and compared. [ABSTRACT FROM AUTHOR]