![]() ![]() The concept of separation of the judiciary from other organs of a State refers to a situation in which the judicial branch of government acts as its own body free from intervention and influences from the other branches of government, particularly from the executive and legislature. Therefore, the judiciary of a country must be separate, independent and competent. ![]() It is rightly said that “the judiciary stands between the people of the country and the State as a bulwark against Executive pressure, excesses and misuse of power by the Executive 2”. Among them, the judiciary is very important to ensure citizens’ constitutional rights, legal rights if their rights are infringed either by the executive or legislature or by any department or institution of the government or even by an individual or a group of individuals. State has three important organs- executive, judiciary and legislative. ![]() It is observed in Second Judges’ case 1 (1998) 7 SCC 739 that “so long as the Judiciary remains truly distinct from both, the legislature and the executive, the general power of the people can never be endangered from the any quarters”. Separation of the judiciary is an important principle of an effective judiciary, without which the independence of judiciary is not possible to be established in a country and if the judiciary is not independent, then the citizen’s rights, it may presume, may be violated rule of law is impossible to be ensured there. ![]()
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