INDEPENDENCE OF JUDICIARY: AN EPITOME OF‘RULE OF LAW’ IN INDIA

Abstract

The concept of rule of law primarily means that the state is governed, not by the ruler or the nominated representatives but by the rule of law. The Constitution of India is a prime example to be governed by the rule of law, where the constitution is the supreme law and all the pillars of the democracy i.e., legislature, executive and judiciary derive their authority from the constitution. Rule of plays a vital role in a democratic country like India, as the rule of law protects citizens from the arbitrary actions of the state and protect their basic rights. Indian Judiciary being recognized for its impartiality, independence, and justice-oriented approach played a significant role in maintaining rule of law in India, by protecting the rights of the citizens and upholding the constitutional values against the licentious actions of the executive and legislature. But today Independence of the judiciary is under attack with rising interference of the government in its working, the returning of Supreme Court Collegium advice for appointment of Judges by the government, which the government under the constitution has the duty to accept, is expositing stubborn and bellicose attitude of the government.  Hence, the author of this article wants to expostulate the underlying importance of the judiciary in maintaining rule of law through the recent altercation between Judiciary and Government over the appointment of Judges in higher judiciary.