|In India, we need an independent and impartial judiciary so that the judges can give the decisions without any fear or pressure from the legislative or the executive organs of the government. So, does that mean that judges can give a decision as it pleases them? No. The decisions given by the judiciary cannot go against the principles enshrined in our Constitution.|
|This brings us to a very important concept which is the "basic structure doctrine". The meaning of basic structure is that there are certain underlying principles in the Constitution of India which cannot be done away with by Parliament while exercising its amending power. In 1973, in Kesavananda Bharati v. State of Kerala, this doctrine was recognised for the first time by the Supreme Court.|
|For example, if Parliament decides one fine day that-instead of a democratic form of government-it will establish a dictatorial form of government in India, it cannot do so because the democratic principle is a part of the basic structure of our Constitution; so even if Parliament wants to establish another form of government, it cannot do so.|
|Some principles which form the basic structure of our Constitution are:|
|3. Rule of law (Government of law not of men, i.e. no man is above the law)|
|The trainers of our Constitution with their farsightedness ensured the independence of the judiciary. Article 50 of our Constitution clearly stipulates the separation of the judiciary from the executive.|
|The impartiality and independence of the judiciary has been ensured by the following factors:|
|1. The legislature is not involved in the appointment of judges. The reason behind this is that party politics may affect the appointments resulting in favouritism. Thus, the decisions of the judges might be influenced externally. To avoid this, the legislature is not involved in the appointment of judges.|
|2. The Constitution of India prescribes a fixed tenure for the judges and they can only be removed in exceptional circumstances through the process of impeachment.|
|3. The conduct of the judges cannot be discussed in Parliament except in case of their removal.|
|4. After a judge has been appointed, the privileges that have been given to him cannot be altered in a manner that will be disadvantageous to him.|
|5. After retirement, the Supreme Court judge cannot practice in any other court in India.|
|6. The High Court judges who have held a permanent office in that High Court cannot plead or act over there after their retirement. They can do so in the Supreme Court or other High Courts.|
A) Yes, judges are free to give a judgment of their choice.
B) No, judges can only interpret the arguments of the lawyers.
C) No, their decision cannot go against the principles enshrined in our constitution
D) Yes, judges can even change the constitution.
Correct Answer: C
Solution :(c) So, does that mean that judges can give a decision as it pleases them? No. The decisions given by the judiciary cannot go against the principles enshrined in our Constitution.
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