Independent judiciary, as envisaged by the constitution, provides the bedrock for a thriving policy; however, executive encroachment may erode its credibility and affect its efficacy. Evaluate.

Independent judiciary is a part of basic structure of constitution by Kesavananda Bharati case, 1973 Bedrock for thriving policy: 1) Protection of doctrine of Separation of Powers (Montesquieu in spirit of laws) 2) Protect rights of vulnerable sections (A-32) 3) Protect constitutionalism and rule of law (A-13) 4) Protect courts dignity and honour (A-122, 212) (Contempt of Court Act, 1971) 5) Checks and balances over laws and executive actions (Judicial review and Judicial activism)

Executive encroachment issues: 1) Affect separation of powers (Judicial overreach) 2) Opportunity for executive to encroach on other organs jurisdiction (legislative, judiciary) 3) Deviates from judicial function (Pending cases of 492 cases as per NTDC) (Ligon bin 500 on highways) 4) Incomplete laws and executive actions (Judges field of expertise) → (Ligon bin in 500 on highways) 5) Conflictual relationship between executive and judiciary (instead of checks and balances) (Against rule of law)

— THARUN TEJA · AIR 123