Writs and Indian supreme court-An analysis

Abstract

Independence of the judiciary is the idea that the judiciary needs to be kept away from the other branches of government. There is no doubt that the Indian Supreme Court has always shown its independence and impartiality since its inception. That is, courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, when the judiciary perceives that legislators are jeopardizing constitutional rights such as the accused. In our country also the constitution has established a separate and independent judiciary. It has remained impartial and independent all these years. Our Supreme Court has very zealously been protecting the fundamental rights of the citizens. Thus it has been acting as a protector and guardian of the Indian Constitution as well as the rights of the citizens. But in the modern age the independence of the judiciary doesn't mean that it should not keep in mind the social and economic deals and aspirations of the people, while delivering its judgements. Rather the judiciary should actively participate in the sacred task of building a welfare society in the country and the regeneration of the nation. Similarly the executive or the Parliament should not do anything to undermine the independence of judiciary.