8
would have been much easier to answer and give a
verdict;
but
since
this
question
has
a
long
and
chequered history, the answer should not be a short
verdict
containing
only
the
core
questions
that
have
opinion
of
this
raised
in
this
Court.
The
appeal
were
surfacing
on
been
many
occasions
in
our
country but due to uncertainty and instability in our
national life, no definitive answers have been given
yet.
The
question
which
involves
one
of
the
fundamental debates common to any democratic polity
is: if the removal mechanism of the Judges of the
Supreme Court is given upon the Parliament, whether,
the independence of the Judiciary will be affected
and/or hampered. The first ever modern democracy in
the history, the U.S. also went through this similar
debate and it took hundreds of years to refine a
sound politico-judicial culture which gives stability
in exercise of state power. Even after 220 years of
the foundation of their Republic, the debate is not
over yet. But for the U.S., this unfinished debate
does not mean incompleteness or chaos, rather every