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Quest for Democratisation of Judicial System
Published in March 2017 (Vol. 9, Issue 1, 2017)

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Abstract
The suppression of power was done to check the arbitrariness of the executive
legislative and judiciary. The democratization of democracy can only be
possible when there is no interference in these processes. Today, there has
been a remarkable achievement of equality, liberty, and fraternity through
constitutionalism. This was possible only when Judiciary is independent. To
enhance the belief in institutions of judiciary, more pragmatic and
decentralized approach is needed. This will enhance the faith and trust in
judicial institutions. Through democratization of judiciary, constitutional
democracy and republic will achieve the aims and objectives of our
constitution.
Montesquieu's Spirit of Laws advocates separation of powers were political
authority of the state is divided into legislative, executive and judicial powers.
The separation was done to preserve liberty and, as the institutional
requirement of a representative democracy. Hence, Judiciary checks
arbitrariness of the Executive and Legislature and is the custodian of the
constitution. To ensure its independence elaborate provisions have been made
in the constitution under Article 124, 217, 233, 234 and 235. Moreover, the
democratisation in actual sence can only be possible when there is no
interference in the processes of judiciary, i.e., from appointments of judges to
pronouncement of the verdicts. Today there has been a remarkable
achievement of liberty, equality and fraternity through constitutionalism.
This is possible only when our judiciary is independent.
Authors (1)
Subodh Kumar
Dept. of Political Science, M...Dept. of Political Science, Maharaja Agrasen Coll...Dept. of Political Science, Maharaja Agrasen CollegeDept. of Political Science, Maharaja Agrasen College
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March 2017 (Vol. 9, Issue 1, 2017)Article Impact
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How to Cite
Kumar, S. (2017). Quest for Democratisation of Judicial System. Indian Journal of Social Enquiry, 9(1), 62-67. https://macijse.org/articles/IJSE190005
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