Open Access



A Study on the “Independence” of Judiciary and the “Political” Nature of Judicial Process

Patel Nehaben Jayantibhai

DIP: 18.02.025/20170201

DOI: 10.25215/2455/0201025

Received: December 13, 2016; Revision Received: February 20, 2017; Accepted: March 25, 2017


Purpose of my paper is to highlight independence of judiciary in the constitution of India and political nature of judicial process. Doctrine of power of separation is defined very well by distribution of powers between Legislature, Executive and the Judiciary in our constitution. The Indian judiciary act as watchdog and to check on the executive and the legislature that they are within their constitutional limit or not. This task is completed only when the judiciary is itself independence so here the main purpose is to see whether Indian judiciary is independence and to what extent judicial process have influence by political environment. A study based on secondary data for find out need, benefit, issues and challenges regarding independence of judiciary. The result of this study would help to understand independence and restriction on the judiciary for a proper functioning democratic system. This study is probably the first to analysis the independency of judiciary and the political nature of judicial process.

The authors profoundly appreciate all the people who have successfully contributed to ensuring this paper in place. Their contributions are acknowledged however their names cannot be mentioned.

The author declared no conflict of interest.

This is an Open Access Research distributed under the terms of the Creative Commons Attribution License (, which permits unrestricted use, distribution, and reproduction in any Medium, provided the original work is properly cited.

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Patel Nehaben Jayantibhai @

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Article Overview

ISSN 2348-5396

ISSN 2349-3429

DIP: 18.02.025/20170201

DOI: 10.25215/2455/0201025

Published in

Volume 02, Issue 1, January – March, 2017

  • 237Downloads
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