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Why Constitution framers envisaged a judiciary free from legislature and executive pressures

By Economic Times - 18 hours ago
The authors of the Constitution were convinced that the power of judicial review is an integral aspect of judicial independence. At the same time, they wanted to ensure that the judiciary should not trespass into the terrain of the legislature and executive, and undermine their authority and power. Alladi Krishnaswamy Ayyar, a drafting committee member, noted, 'While there can be no two opinions on the need for the maintenance of judicial independence, both for the safeguarding of individual liberty and the proper working of the Constitution, it is also necessary to keep in view one important principle. The doctrine of independence is not to be raised to the level of dogma so as to enable the judiciary to function as a kind of super-legislature or super-executive....'

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