Information Type: Judicial Information
Date of Judgment(s): 0000-00-00
Subject: Legal Aid
Title of Speech: Law Day
Speaker: Hon'ble Mr. Justice H.S.Kapadia
Event where speech delivered: Supreme Court Lawns
Speech Date: 2011-11-26
Statutes Applied: Constitution of India
Case Note / Description :

Judicial independence is one of the essential elements of Rule of Law. Every civilized society has seen the need for an impartial and independent judiciary. The principle of Judicial Independence has acquired renewed significance, since the Constitution of India has conferred on the Judiciary the power of judicial review. However, keeping in mind the doctrine of Separation of Powers, udiciary has to exercise considerable restraint to ensure that the surcharged democracy does not lead to a breakdown of the working of the Parliament and the Government. The Judiciary needs to work in the area demarcated by the Constitution. Awareness about rights has grown while correspondingly redressal from the Executive has been reduced. The Executive has its own compulsions – huge population, lack of resources, high inflation, global economic region etc. As a consequence litigation has multiplied. Despite commendable achievements in terms of disposal which I will presently demonstrate, the challenge is and should be for Zero Pendency in which direction a lot needs to be done.

 
 
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