Question

Explain the co-relation between the following.

Judiciary and Executive

Answer 1

The judiciary and executive are both organs of the government. The main function of the executive is the implementation of laws and policies while the functions of the judiciary include interpretation of law and adjudication. In India, judges are appointed by the President (nominal executive). Traditionally, these appointments were made after consulting with the existing government (ministry). However, to maintain judicial independence, the collegium of judges recommends names for appointment to the President.

There are many instances where the executive is a party to a dispute either as the plaintiff or as the defendant. Given the power of the Government, any legal dispute between it and one or more citizens is usually unequal. There is a possibility that the Government would use it's powers to secure a favourable decision. This is where the independence of the Judiciary becomes important. An independent judiciary ensures that all those who appear before it is treated on an equal plane, and thus makes sure that ' decisions are in accordance with the law.