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Constitutionally guaranteed judicial independence is essential for the effective enforcement of the rule of law in a democracy." Discuss.

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Category: Polity (GS -II),

Test Date: 06 Dec 2024

Approach

  • Introduction: Briefly define "judicial independence" and its role in upholding the rule of law in a democratic state.
  • Constitutional Provisions (Articles 50, 124-147)
  • Role in Rule of Law: Impartial Judiciary; Checks and Balances; Protection of Fundamental Rights
  • Challenges to Judicial Independence:
    • Political pressures, executive influence, and attempts to undermine judicial authority.
    • Delays in judicial appointments and vacancies, which affect the functioning of the judiciary.
    • Threats to judicial independence from external pressures (e.g., public opinion, media influence, or political actors).
  • Conclude accordingly
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