Comparative Analysis of Judicial Independence in South Sudan and India

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This article is a comparative analysis and it discusses the judicial independence in South Sudan and India. An authoritative attempt has been made in its preliminary part to shed light on the meaning of judicial independence and manner in which the term judiciary has been used in various contexts within the legal domains. The discussion focuses on at least most of the important aspects of judicial independence. The article laments on the notion of judiciary independence as a legal means apart from political means (electorates) in ensuring democratic principles which are expected to be adhered to by the other two organs of government by way of bringing legislative and executive actions or arbitrariness under judicial scrutiny. The aspects of judicial independence which are discussed include Courts structure, appointment of judges, security of tenure, retirement of judges, transfer of judges, finance, and administration of courts. It finally concludes that in both constitutions there are loopholes or flaw clauses which hamper the practical realization of judicial independence as intended and expected by the people.

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Wol Deng Akech Chan

University of Lucknow, Faculty of Law, Department of Law, Uttar Pradesh, India

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