election of any person is valid or invalid is vested
in the Judiciary under the provisions of Article 329 and Article 136. The
jurisdiction ... basic feature of separation of powers with the role
of independence of Judiciary is changed by denying jurisdiction of this
Court to test the validity
three wings of the State namely, the
Executive, the Legislature and the Judiciary. It is the
function of the Judges, may their duty, to pronounce ... State, be it the Executive or the Legislature or the
Judiciary, derives its authority from the Constitution and
it has to act within the limits
control which the High Court exercises under Art.
235 over the subordinate judiciary does not include the
power to make rules regulating the condition ... make rules is
legislative in nature the principle of independence of
judiciary is not in any manner violated when the Governor
makes the rules
show that Article 20 is a constitutional mandate to the Judiciary and Article 21 is a constitutional mandate to the Executive.
77. The respondents contend ... that "State" in Article 12 will also include the Judiciary and Article 20 is enforceable against the Judiciary in respect of illegal orders
Constitution of India, 1950-- Art. 235-- Disciplinary
action over subordinate judiciary--Governor--If bound by
the recommendation of the High Court-Consultation with
State Public ... HELD: (1)(a) Articles 233 to 237 relating to the subor-
dinate judiciary are specially carved out and placed in the
safe niche
aside the order observing, that "the head of the Judiciary does not appear to have taken into consideration all the relevant data when ... High Court Judges. In order to uphold the independence of the judiciary, which is a basic feature of the Constitution, the Court has not only
Judges and (ii)
that, in order to uphold the independence of the judiciary
which is a basic feature of the Constitution, the Court ... these
injuries on a Judge would gravely undermine
the independence of the judiciary because,
human nature being what it is, a large number
of Judges
Part V of the Constitution which deals with the Union Judiciary, and
Chapter V of Part VI which deals with the High Courts ... extra-ordinary that Chapter VI of Part VI which deals with
subordinate Judiciary is not mentioned in Clause (b). Chapter I of Part
people's rights and
therefore, liberty, democracy and the independence
of Judiciary are amongst the principal matters
which are outside the ordinance-making power
cognizable
offence is disclosed by the F.I.R. The judiciary should not
interfere with the police in matters which are within their
province ... charged, so
it is of the utmost importance that the judiciary
should not interfere with the police in matters which
are within their province
