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Indian Economy - Understanding the basics of Indian economic system
Context: According to the Supreme Court, the judiciary must have a vote in financial affairs because it is independent of the executive and the legislative.
District Judiciary: The Supreme Court has held that the independence of district judiciary is part of the basic structure of the Constitution and judicial independence from the executive and the legislature requires the judiciary to have a say in matters of finances.
Supreme Court judgment: The independence of the district judiciary must be a part of the Constitution, as it is the most accessible court to litigants.
The judgment gave directions to amend service rules and pay arrears of pension, additional pension, gratuity and other retiral benefits, based on the recommendations of the Second National Judicial Pay Commission headed by Justice P.V. Reddi and senior advocate R. Basant.
The judgment noted the crucial role played by the district judiciary in the justice administration; on a single day, the district judiciary handled nearly 11.3 lakh cases.
The district judiciary was efficient and undertook its functions to ensure that justice was delivered in a timely manner even during the pandemic.
The court said that it was essential to recognize the district judiciary as a vital part of the independent judicial system, which is, in turn, part of the basic structure of the Constitution.
Justice Narasimha said the district judiciary is the backbone of the judicial system and the independence of judicial officers serving in the district judiciary is crucial to the functioning of the judiciary.
The court noted that in order to uphold their impartiality, it is essential to ensure their financial security and economic independence.
The judgment emphasized that the judiciary should have the power to require the payment of necessary funds to fulfill its responsibilities and administer justice.
This principle ensures the independence of the judiciary and is a logical outcome of the separation of powers.
The judgment recorded the importance of the district judiciary in the justice administration system, noting that it handled nearly 11.3 lakh cases on a single day.
Justice Narasimha held that the district judiciary was a vital part of the independent judicial system, which is part of the basic structure of the Constitution.
Inherent power: He highlighted the doctrine that the judiciary must possess the inherent power to compel payment of those sums of money necessary to carry out its mandated responsibilities and its powers and duties to administer justice.
Separation of powers: This doctrine is the logical conclusion of separation of powers and ensures that the independence of the judiciary is secured.
The Constitution lays down the structure and defines, delimits and demarcates the role and functions of every organ of the State including the judiciary and establishes norms for their inter-relationships, checks and balances. Independence of judiciary is essential to the rule of law and constitutional norms.
By: Shubham Tiwari ProfileResourcesReport error
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