adoped-Rule of law--Whether a
basic feature---Independence of Judiciary----Whether essen-
tial attribute of Rule of Law.
Aids to Construction--Constituent Assembly
debates ... within its sweep,
as inhering in it, the right to an impartial judiciary with
persons of impeccable integrity and character, without which
the fundamental right
represents raises “serious questions of general
importance as to (the) independence of judiciary” and the protection of the
subordinate judiciary against threats or attacks
Code of Criminal Procedure , 1973-Whether holds a
judicial office.
Independence of judiciary-Necessity for.
Administration of justice- Whether High Court can
assume jurisdiction ... given the
meaning in the context of the concept of judiciary as
enshrined therein. It would be logical and consistent with
the Consistent with
State should not
encroach into the domain of another organ. The judiciary
should not therefore seek to perform legislative or
executive functions vide Common Cause ... defined the
functions of various organs of the State.
Legislature, executive and judiciary have to
function within their own spheres demarcated
under the Constitution
Divisional Magistrates were
constituted into a separate service outside the civil
judiciary so that the incumbents of those costs might
continue in them ... object of
absorption of the excluded magisterial officers into the
civil judiciary ad hoc rules were framed in February, 1966
providing that the magisterial officers
under the Constitution.
8. Under the constitutional scheme as framed for the judiciary, the Supreme
Court and the High Court both are courts of record ... might be tempted to attribute misconduct of a particular judge to the
judiciary as a whole. The disapproval of criticism of the appellate court,
even
officer respondents" was bad.
The Indian Constitution provides for an independent
judiciary in the States, and in order to place the
independence ... subordinate judiciary beyond question,
provides in Art. 50 of the Directive Principles for the
separation of the judiciary from the executive and secures
such independence
Court in United States vs. Will, 449 US 200, "A Judiciary free from control by the Executive and Legislature is essential if there ... Recovery Tribunals though it may not strictly fall within the concept of judiciary as envisaged by Article 50 , it is nevertheless an effective part
orders of this Court and
encroaches upon the power of the judiciary.
2. The State of Kerala has promulgated the impugned Ordinance
for regularising ... nullifying judgment and is violative of judicial powers which vested in
the judiciary. It was not open for the State Government to nullify the
judgment
this connection. Under our Constitution, the Legislature, the Executive
and the Judiciary have there own broad spheres of operation. Ordinarily, it
is not proper ... ordinarily an executive function and it is ordinarily not proper for the
judiciary to interfere in this matter. The administrative authorities have
expertise
