A Critical Analysis of the Role of Judiciary within the Democratic Compass of India: Reviewing its Role in Context of Recent Developments
This research paper delves into the tapestry of developments and dissonances in judicial consistency in India, which is tightly interwoven with judicial ethics, political influence and partiality or unfairness. The Indian judiciary has always been subjected to criticisms due to the disparities that have been reflected in its judgments from time to time, resulting into distrust and skepticism over the justice delivery system. This paper examines existing literature, historical context and empirical data to investigate factors of developments that constitute judicial discrepancies. It further focuses on different perspectives in the context of legal positivism, critical legal studies and theory of independence of judiciary and its theoretical framework. This paper uncovers a complex web of factors influencing judicial decision-making processes by studying judicial ethics, political interference and biases within the Indian judiciary. The complexities faced by judges in maintaining ethical standards while dealing with political pressures while pronouncing judgments or reducing bias are further explored here. Using real-life cases, court records and other reliable sources such as legal databases, this paper scrutinizes situations that demonstrate instances of judicial discrepancy underpinned by political influences and biases. Among others, it highlights implications of judicial discrepancy for public trust and confidence in the judiciary making clear where there exists Judicial Discrepancy which thus calls for greater transparency during appointment of judicial officers.