Judiciary : Under
the Montesquieu's doctrine of separation of powers- Executive and Judiciary
must not encroach on each other's domain. But eventually, Judiciary is also
dependent on Executives insofar as matters of expenses and salaries of
officials are concerned. For higher judiciary, the expenses are not votable and
is not under executive/legislative control- but for setting up of Fast Track
courts, it is the Ministry of Finance that sanctioned a grant for the same.
Isn't executive having an indirect control over Judiciary by doing so, and
thereby defeating the doctrine; or does "control" differ from
"encroaching on each other's domains"?
Fast track courts are need based..to clear the pendency
of cases.. Here the executive is in fact assisting the judiciary to achieve
'rule of the law' and providing the citizens 'due process of law'...so no
encroachment nor control. Precisely the reason why higher judiciary is
independent because that's where the struggle if at all comes..controversial
acts..constitutional provisions etc.. Since purpose of fast track courts is
different..there need not be any apprehension of encroachment
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