Judgment

K. Venkataswami, J.-An independent judiciary is one of the basic feature of the Constitution of the Republic. In this case, however, we are not concerned with the various provisions of the Constitution guaranteeing independence of judiciary but with a limited issue about the scope and extent of control of the High Court over the subordinate judiciary to the exclusion of the executive for maintenance of its independence. Our Constitution has zealously guarded the independence of judiciary. In S.P. Gupta, etc. v. Union of India & Anr. etc.1, this Court held that independence of judiciary is doubtless a basic structure of the Constitution but the said concept of independence has to be confined within the four corners of the Constitution and cannot go beyond the Constitution. This Court in All India Judges’ Associa­tion & Ors., etc. v. Union of India & Ors., etc.2 held :

“In view of the separation of the powers under the Constitution, and the need to maintain the independence of the judiciary to protect and promote democracy and the rule of law, it would have been ideal if the most dominant power of the executive and the legislature over the judiciary, viz., that of determinin