INTRODUCTION

Importance of independence of the judiciary is very important facet of democracy, like our country. Independence of judiciary can be achieved by prohibiting interference from the Government (i.e. legislature and executive).In a democratic set up only an impartial and independence judiciary can protect the rights of person and can provide justice without fear or favour. Therefore it is important that all the judicial system (i.e. Supreme Court, High Court and District Court/ Lower Court) should be allowed to perform its function without any pressure. In a democratic country like India judiciary is custodian of rights of citizens. Therefore the framers of the Indian Constitution at the time of framing of our constitution were concerned about the kind of judiciary our country should have. This concern of the members of the constituent assembly was responded by Dr. B.R. Ambedkar in the following words:

“There can be no difference of opinion in the House that our judiciary must be both independent of the executive and must also be competent in it. And the question is how these two objects can be secured”.

Now a prominent question arises at first instance in our minds is that what made the framers of our constitution to be so much concerned about providing the separate entity to the judiciary and making itself competent. The answer to this question lies in the very basic understanding that so as to secure the stability and prosperity of the society, the framers at that time understood that such a society could be created only by guaranteeing the fundamental rights and the independence of the judiciary to guard and enforce those fundamental rights. Also in a country like India, the independence of the judiciary is of utmost importance in upholding the pillars of the democratic system hence ensuring a free society.