Monday, March 16, 2015

Montesquieu's doctrine of separation of powers- Executive and Judiciary



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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