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DISSERTATION

The document certifies that Mr. Pranjal Singh completed a dissertation titled 'Independence of Judiciary in India: An Empirical Study' as part of his LLM program at National Law University and Judicial Academy Assam. The dissertation employs empirical research to analyze the independence of the Indian judiciary, exploring its legal framework, societal perceptions, and challenges. It aims to provide recommendations for strengthening judicial independence in India, emphasizing its critical role in upholding democracy and protecting citizens' rights.

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0 views

DISSERTATION

The document certifies that Mr. Pranjal Singh completed a dissertation titled 'Independence of Judiciary in India: An Empirical Study' as part of his LLM program at National Law University and Judicial Academy Assam. The dissertation employs empirical research to analyze the independence of the Indian judiciary, exploring its legal framework, societal perceptions, and challenges. It aims to provide recommendations for strengthening judicial independence in India, emphasizing its critical role in upholding democracy and protecting citizens' rights.

Uploaded by

pranjalsingh
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CERTIFICATE

This is to certify that the Dissertation entitled “INDEPENDENCE OF JUDICIARY IN INDIA:


AN EMPERICAL STUDY” is a bonafide record of independent research work done by Mr.
Pranjal Singh, Roll no: SM0117023, under supervision of Dr. Saheb Chaudhury submitted to
National Law University and Judicial Academy Assam in partial fulfillment of LLM- 2 ND
Semester, one year program for the degree of master of laws (LLM).

Signature of the Supervisor

DECLERATION

I, Pranjal Singh, a bonafide student of LLM in National Law University and Judicial Academy
Assam, would like to declare that the dissertation entitled “ INDEPENDENCE OF JUDICIARY
IN INDIA: AN EMPERICAL STUDY” submitted by me in partial fulfillment of LLM- 2 nd
semester, one year program for the degree of Master of law (LLM) is my original work.

Place: Guwahati

Date:

Mr. Pranjal Singh


ACKNOWLEDGEMENT

I extend my heartfelt gratitude to those who have played an integral role in the completion of this
dissertation on “INDEPENDENCE OF JUDICIARY IN INDIA: AN EMPIRICAL STUDY”.

First and foremost, I would like to express my deepest appreciation to my mentor and guide, Dr.
Saheb Chaudhury, whose unwavering support, insightful feedback, and guidance have been
invaluable throughout this journey. Your expertise and encouragement have been instrumental in
shaping the coherence and depth of this assignment.

I an immensely thankful to the faculty and staff at National Law University and Judicial
Academy Assam for providing conducive academy environment and access to resources that
enriched the research process.

My gratitude extends to the authors and researchers whose work served as pillars of knowledge,
laying the foundation for the comprehensive exploration of Independence of Judiciary in India.

Lastly, but most importantly, I would like to thank my family and friends for their unwavering
support patience, and understanding during the demanding phases of this project. Your
encouragement has been the driving force behind the completion of this dissertation. This
collaborative effort has been a rewarding and enlightening experience, and I am sincerely
thankful for the contributions of all those who have played a part in its realization.
TABLE OF CONTENTS

Table of Cases

Table of Statutes

Table of Abbreviations

Abstract

ABSTRACT

Using an empirical perspective, this dissertation examines the independence of the Indian
judiciary with the goal of identifying the practical realities that underlie the theoretical concepts.
This study examines the factors determining judicial independence, how it manifests and how it
affects the factors determining judicial independence, how it manifests, and how it affects the
judiciary in India using a quantitative methodology. The dissertation starts with a thorough
analysis of legal framework, constitutional provisions case studies and contentious issues that
relate to judicial independence, placing the discussion within the Indian socio political context.
Next surveys are used to collect quantitative data from the law students, legal professionals,
policymakers, and academicians in various parts of India. The purpose of surveys is to determine
how people perceive judicial independence, how much trust they have in judiciary, and how they
feel about potential threats or challenges to judicial autonomy. This dissertation provides a
nuanced perspectives and practical recommendation to strengthen the independence of the Indian
judiciary by combining theoretical insights with empirical evidence. It emphasizes the
importance of preserving the independence of the judiciary as counterweight to authoritarianism,
guaranteeing the protection of citizens rights and liberties and promoting a strong and inclusive
democracy.

Keywords: Independence of Judiciary, Empirical Research, Survey, India


INTRODUCTION

1.1 OVERVIEW

A fundamental component of the democratic system is the independence of the judiciary,


which protects rights of individuals, maintains the rule of law, and acts as a check on the
state’s arbitrary power. The independence of the judiciary is of utmost importance in the
context of India, a country distinguished by its vast diversity of cultures, varied social
political landscapes, and dynamic democratic ethos. However, the real world applications of
judicial independence in India frequently deviate from the high standards set forth in the
constitution, creating serious concerns about how protected the judiciary is from outside
pressures and influences.

The second chapter emphasizes the historical development of the independence of Indian
judiciary, the origins are traced back from ancient period then to colonial era and significant
legislative and judicial turning points post independence have been discussed. Analysis of
existing literature, legal framework

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