Dr. Shreshth Bhatnagar (St Joseph's College of Law Bengaluru) has posted Executive Interference and Judicial Independence: A Critical Study of Constitutional Jurisprudence and Challenges on SSRN. Here is the abstract:
This study examines the persistent issue of executive interference in judicial functions, exploring its implications for judicial independence within constitutional frameworks. Judicial independence is a cornerstone of democratic governance, ensuring that the judiciary operates without external pressure or influence, thus maintaining the separation of powers and upholding the rule of law. However, in various jurisdictions, executive interference in judicial matters has become a significant concern, leading to questions regarding the integrity of the judicial process and the constitutional principles designed to protect it. This paper critically analyses how executive overreach threatens judicial autonomy, using constitutional jurisprudence to explore the legal and constitutional safeguards that are often undermined by such interference. The research investigates historical and contemporary cases where the executive has encroached upon judicial functions and examines the challenges posed by this encroachment. The study also considers potential reforms and strategies to ensure a more robust protection of judicial independence. In doing so, it highlights the need for clear institutional boundaries and stronger mechanisms to prevent executive overreach, fostering an environment where the judiciary can perform its role as an impartial arbiter without external pressures.
