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5 Issue 2 Indian J.L. & Legal Rsch. 1 (2023)
Influence of External Factors upon the Judiciary

handle is hein.journals/injlolw11 and id is 4130 raw text is: 
Indian Journal ofLaw and Legal Research


INFLUENCE OF EXTERNAL FACTORS UPON THE

                            JUDICIARY

       Shakir Radhanpurwala, Nishtha Trivedi, & Jappan Pandya, Gujarat University






                               ABSTRACT

  The Indian judiciary plays a vital role in upholding the principles of justice,
  safeguarding individual rights, and maintaining the rule of law. However, the
  judiciary is not immune to external factors that can influence its functioning
  and independence. This abstract explores the external factors that impact the
  Indian judiciary and examines their implications. The Indian judiciary faces
  several external influences, including political interference, public opinion,
  media scrutiny, and social and economic factors. Political interference often
  manifests through appointments of judges, transfer of cases, and delays in
  judicial appointments. These  factors can  potentially compromise   the
  impartiality and integrity of the judiciary, eroding public trust in the judicial
  system. Public opinion and media scrutiny also exert considerable influence
  on the  judiciary. High-profile cases and  sensitive issues can  attract
  significant public attention, leading to intense scrutiny and pressure on
  judges to deliver outcomes aligned with public sentiment. This may impede
  the judiciary's ability to render unbiased judgments based on legal principles
  alone. Social and economic  factors further impact the Indian judiciary.
  Socio-economic  disparities, including poverty and lack of access to justice,
  affect the effective functioning  of the  judiciary. Limited  resources,
  infrastructure, and backlog of cases create delays, denying justice to many
  citizens. These factors also contribute to the unequal distribution of justice,
  disproportionately affecting marginalized communities. Understanding and
  addressing these external factors are crucial for preserving the independence
  and integrity of the Indian judiciary. Measures such as ensuring transparent
  and merit-based judicial appointments, insulating judges from  political
  influence, and providing adequate  resources to the judiciary can  help
  mitigate external pressures. Additionally, enhancing access to justice and
  addressing socio-economic  disparities can improve  the efficacy of the
  judicial system. The Indian judiciary faces various external factors that
  impact its functioning and independence. Acknowledging   and addressing
  these factors is essential to safeguard the integrity of the judiciary, uphold
  the principles of justice, and ensure equal access to justice for all citizens.


Page: 1


Volume V Issue II1| ISSN: 2582-8878

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