The question (13 marks)
Explain the devices by which the Constitution secures the independence of the judiciary, and measure them against the position of the judges in the courts of the colonial period. (13 marks)
MU Module III, independence of the judiciary; pack ch. 03.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Courts under the Constitution; Rule of Law, Independence of the Judiciary and Separation of Powers of History of Courts, Legislature and Legal Profession.
Authorities you will need
- Article 124
- Article 121
- Article 125
- Article 129
- Article 215
- Article 233
- Article 235
- Regulating Act 1773
- Act of Settlement 1781
- Government of India Act 1935
- Saroop Chand's Case
- Supreme Court Advocates-on-Record Association v. Union of India
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.