Compare democratic society. Besides, the prosperity and

Compare and contrast independence of judiciary between Malaysia and India  Judicial independence is to set out and protect political rights, civil liberties and also the rule of law.  Courts and judges have the capability to carry out their tasks without being control by any governmental or private organization. Courts and judge are ought to possess this kind of independence.  It is an environment where judges are free to make decisions or pass judgment. They are free of any pressure from the government or other powerful subsistance.   India has given to itself a liberal constitution in the Euro-American traditions which purpose is to establish a free and democratic society. Besides, the prosperity and stability of the society should be maintained. Its makers believed that such a society could be created through the guarantee of fundamental rights and an independent judiciary to guard and enforce those rights. Therefore, the framers of India’s Constitution dealt with these two aspects with maximum and identical idealism.   However, in Malaysia, despite the protection under the Federal Constitution, there is always a question of how effective this right is in actual practice without any arbitrary interference from the government or states in democratic countries.      Another difference between the concept of judicial independence between Malaysia and India is the court system. The Supreme Court of India consists of a Chief Justice of India and twenty-five other Judges. The judges are appointed by the President of India “after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary.” For “the appointment of a Judge other than the Chief Justice, the Chief Justice of India must always be consulted.” Judges of the Supreme Court, including the Chief Justice, hold their offices until the age of sixty-five. They may resign or be removed from office earlier. Removal can take place only on the grounds of proved misbehavior or incapacity of the judge or by an order of the President passed after a majority of the total membership and a majority of not less than two-thirds of the members present and voting in each House of Parliament present an address to the President in the same session for such removal. The only attempt so far to remove a judge has been unsuccessful.  Before entering office judges take an oath, to, among other things, perform their duties without fear or favor, affection or ill will, and to uphold the constitution and the laws. Only a citizen of India who has been a judge of one or more High Courts for at least five years, or has been an advocate of one or more High Courts for at least ten years, or is a distinguished jurist in the opinion of the President, can be a judge of the Supreme Court. Judges of the Supreme Court are prohibited from pleading or acting in any court or before any authority in India after retirement. Every judge is entitled to salary and other allowances and privileges specified in the constitution, subject to upward, but not downward, revision by Parliament.  Nevertheless, in Malaysia, all superior court judges in the judiciary is a constitutional appointment and by virtue of the Federal Constitution “shall be appointed by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers”.  The role of Executive nevertheless is inevitable in the appointment of the judges, and in order to have some form of transparency in the appointment and selection of these judges. Prime Minister is required to uphold the continued independence of the judiciary and he must have regard to the need to defend that independence, the need for the judiciary to have the support necessary to enable them to exercise their functions and the need for public interest to be properly represented with regard to matters relating to the judiciary, the administration of justice and related matters. In selecting the candidates for the post of judges, the Commission must take into account certain selection criteria, which include Integrity, competence and experience,  objective, impartial, fair, decisiveness, ability to make timely judgment and good legal writing skills, industriousness and ability to manage cases well  and physical and mental health.  The judge of the superior court is required to take and subscribe to an oath of office and allegiance, which is set out in the Sixth Schedule in relation to his judicial duties in whatever office.    Furthermore, in India, the constitution provides for a High Court for each State, though Parliament is also authorized to establish a common High Court for two or more States or for two or more States and a Union Territory. High Court judges may be transferred from one High Court to another. The High Courts have wide original and appellate jurisdiction, including the jurisdiction to issue writs for the enforcement of the Fundamental Rights and for any other purpose. Every High Court has power of superintendence over all courts and tribunals within its territorial jurisdiction n61 and of withdrawal of cases involving substantial questions of law relating to the interpretation of the constitution. The Chief Justice of the High Court appoints officers and servants of the High Court and regulates their services. The administrative expenses of the High Court, including the salaries and other allowances of the judges and other staff are charged on the Consolidated Fund of that State.  In Malaysia, the establishment of superior court states that the two High Courts of co-ordinate jurisdiction which are the High Court of Malaya and High Court of Sabah and Sarawak, together with any other inferior court, shall have such jurisdiction and power as may be conferred by or under federal law.  The term judicial power is defined in the of-quoted case of Huddrat Parker v. Moorehead   where Chief Justice Samuel Griffith defined the term as “the power which every sovereign authority must necessarily have to decide controversies between its subjects or between itself and its subjects, whether the right relates to life, liberty or property”.  As for India, the fundamental rights recognized by Indian Constitution are right to equality which includes equality before law, prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles.  Next, right to freedom which includes freedom of speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation, right to life and liberty, protection in respect to conviction in offences and protection against arrest and detention in certain cases as state from Article 19 to 22 of constitution. Moreover, right against exploitation which prohibits all forms of forced labor, child labor and traffic of human beings. It is provided under Articles 23 and 24 of Indian constitution. Right to freedom of religion which includes freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes and cultural and educational rights to preserve the right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice. Right to constitutional remedies which is present for enforcement of Fundamental Rights is one of the right too. Right to Privacy to protect life and liberty of the citizens is also included in Indian Constitution   As compared to Malaysia, fundamental rights recognized by Federal Constitution include freedom of speech, religion, education, assembly or movement and others. Malaysia citizen has the freedom of speech. However, public comment on race, religion, and other subjects is prohibited. Besides, Malaysian have the right to religion. Islam is the religion of the Federation but other religions may be practiced in peace and harmony in any part of the Federation as long as it did not against the basic of human rights. Furthermore, Malaysian has freedom of assembly or