Judicial discretion rests on the assumption that a judge should be given ample leeway in determining punishments that fit both the crime and the criminal.
The ability of the court to make certain legal decisions at their discretion is known as judicial discretion. The idea of the power separation states that one feature of judicial independence is the judges' discretionary authority.
One of the most significant powers of the court is judicial discretion, which allows judges to make decisions in certain situations without adhering to any set rules or recognized laws.
One example of the independence of our court is the idea of discretionary power.
By enabling the judge to take into account unique circumstances in situations when the law is insufficient or silent, its careful application enhances justice and can support an equitable judicial procedure.
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The legislative branch can check the judicial branch by its power to remove Judges through impeachment.
<u>Explanation:</u>
The Constitution has established the principles of separation of powers and maintained the system of checks & balances among the three main branches of the government. The legislature is bestowed with the power of making laws for the country and executive with implementation and judiciary ensures redresses any grievances for the violation of the law.
In their separate domain of powers, each keep check on the other as the judiciary has the power of judicial review, therefore, any law which violates the constitution is declared ultra vires. In the same way, the legislature is given the power of impeachment to keep a check on the judiciary as in case of exceeding the power by any judge he or she can be removed by the process of impeachment.
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