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1990 Supreme(Bom) 265

M.L.PENDSE
Maharashtra Co-operative Courts Bar Association & others – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - M.L. PENDSE, J.:---The independence of judiciary is doubtless a basic structure of the Constitution and the concept that the executive should have no control to regulate the working of Courts is a doctrine accepted for over century in all the civilised countries. Indeed, independence of the Judiciary is a basic foundation of establishment of rule of law and the Constitution makers were fully conscious of the same. Though the framers of the Constitution did not completely insulate the judicial system from executive control, the principle that the executive shall not control the working of the Courts is accepted all along. Indeed, the Constitutional Agency has shielded the Courts in our country with many built in safeguards and expects the Courts to discharge the duties solely guided by the doctrine of conscience and principles of Constitution. The Courts are expected to function with neutrality and impartiality while adjudicating disputes between a citizen and citizen and a citizen and the State. It is, therefore, natural that the Courts are assigned a status free from capricious or whimsical interference from outside and it is necessary to grant that status to judges






















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