The ways in which the independence of judiciary is ensured are:
Statements (i) is odd one out from the given statements.
Original jurisdiction: The cases which can be directly considered by the Supreme Court without going to the lower courts earlier.Appellate Jurisdiction: The Supreme Court is the highest court of appeal against the decisions of the High Court but it should be certified that the case is fit for appeal.Advisory Jurisdiction: The president can refer any matter which is of public interest but it is not binding on the president to accept the advice as it is.
The independence of the judiciary does not mean that judiciary is not accountable to anyone but it means:
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Separation of power is suggested by Montesquieu for the proper functioning of all the three organs of government. If there is higher authority that can resolve dispute between these three organs and compel them to stick to role assigned by constitution is good for the nation.
Agree, judicial activism can lead to a conflict between the judiciary and the executive because judicial activism has a great impact on the political system.
No similarity is found in this example between Ecuador and India because:
In Ecuador, the judiciary does not work in the same manner, hence judicial decisions do not become the precedents and the judge may rule one way today and the other way tomorrow without explaining why.
In simple words, public interest litigation (PIL) means that the person and associations other than the sufferers have the right to seek justice on their behalf.
The concept states that a person can seek justice not only for himself but for any other means that has undergone a similar change.
Independence of Judiciary
Various provisions in the constitution to ensure the independence of the judiciary are as follows:
The constitution of India grants the following Fundamental Rights to its citizens
All the said fundamental rights are protected under the ‘Right to constitutional Remedies’ (Articles 32 and 226) by providing the writs of
Various writs under Right to Constitutional Remedies
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