The tenets of independent judiciary, life-breath of constitutional democracy, stand perpetually undermined by the executive encroachment into the judicial domain. Discuss.

Independent judiciary is cornerstone of our democracy, and it is the key principle of separation of power among different organs of state that ensure a healthy and functional democracy. Tenets of Independent judiciary - Art 124 (fair appointment and removal process, Article 32 of judicial review, Article 142 - power to do complete justice, Article 136 of special leave petition. However, encroachment of executive undermine judicial independence. Reserving judicial pronouncements through legislation - example are - recent repeal of judgement of selection of elector commission through Election Commission (Conductor of Seaman) Act 2024 - Repeal of judgement in Governor - of NCT of Delhi care where SC gave authority in appointment in service matter to Delhi government. 2) Subsuming key role in judicial appointment - through NJAC, however it was nullified by SC. 3) Delays in judicial appointment - 54 further undermines judicial strength and its independence. 4) Objection on cutters recommended proposed by collegium heads to delay in appointmnts. 5) Limiting power of judiciary - examples are - 42 ICA, 2 5th CPA limited judicial review gone of court into respect to constitutional amendment Act. The provision for tribunal limited appeal to SC. However got stuck in

L. constitutional care. 6) Ex-cutive role in determining items of service candidates, salary etc further highlight role of executive. 7) The insufficient states of infrastructure as highlighted by CJI Chandrachud also highlight role of executive in - 2007 some judiciaries lack separate men-tatel. However steps have been taken to ensure the separation of power. 1) Judicial pronouncements - like KS Bhati care Miserammii case struck down powers taking judicial service away, also establish doctrine of basic structure. 2) SC assumed power of appointment through collegium (2nd judge care). 3) MOP between Ministry of law and SC highlighting procedure for appointment. 4) Constitutional promises as discussed above, independent judiciary as the guardian of Indian democracy ensuring a balance of power among different state organs.