Question

Explain the co-relation between the following.

Judiciary and Executive

Critically examine the relation of Executive and Judiciary. 

How is judiciary related to the 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 its 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 are treated on an equal plane and thus makes sure that decisions are in accordance with the law.

Answer 2

1. The executive and judiciary have distinct roles: the executive implements laws, while the judiciary interprets them and ensures justice.
2. Both organs must function independently while respecting each other’s constitutional limits in a democracy.
3. Conflicts often arise, especially in the area of judicial appointments.
   • Judges are formally appointed by the president, but the recommendation comes from a collegium of senior judges.
   • The collegium system was introduced to limit executive interference, yet concerns about transparency and control persist.
4. Post-retirement appointments offered by the executive to judges can raise doubts about judicial impartiality.
5. The judiciary is sometimes accused of judicial overreach, interfering in executive policies or decisions.
6. The executive, in turn, may delay or attempt to influence judicial proceedings, especially when it is a party to a case.
7. Judicial independence is crucial in such situations to ensure fair and unbiased justice.
8. A balanced relationship between the two is vital for protecting fundamental rights and upholding the rule of law.