Question
Which of the following is an essential part of 'Rule of
Law' and 'Independence of Judiciary'?Solution
Judicial Review means the power of the Supreme Court or High Courts to examine the constitutionality of any law if the Court arrives at the conclusion that the law is inconsistent with the provisions of the Constitution, such a law is declared as unconstitutional and inapplicable. Rule of law is a concept which talks about the accountability of institutions while exercising their powers shall not act arbitrarily and illegally. Their actions should be subjected to the rule of law. Separation of Power dictates that the judiciary should act independently without any outside influences. The role of Judiciary is to interpret the law and it has to do that independently. Therefore, both the concepts rule of law and independence of judiciary are co-related for effective working of the government in a democracy and Judicial Review plays an important role in maintaining Rule of Law and an important facet of an independent judiciary.
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