Independence of Judiciary

Thu, 02/28/2013 - 00:59 -- Umar Farooq

Independence of Judiciary

Independence of judiciary means that judiciary should be impartial in the discharge of its functions and that the executive or legislature should exert influence on it through the appointment, salaries, promotion or condition of services of its members. It should be separated from the executive because:

  1. The judiciary performs certain functions which are essential to the life and happiness of society. It protects the rights of citizens and gives punishment to criminals. If it is not independent and is under the control of the executive, it will protects partisans of government and punish the .opponents of government. Hence life and honour of citizens will not be safe.
  2. If judicial and executive powers are in one and the same hands, justice cannot be done to an individual because the same person will be the prosecutor as well as judge. He will always be motivated by his own thought. He will uphold his order rather than justice. And this is but natural.
  3. Judiciary has also to try state officials if they commit a wrong in the discharge of their functions. But if it is not separate from executive the latter will exert its influence and the wrong doers will go unpunished.
  4. Judiciary is the custodian of the constitution of the country and has to see to it that the executive and the legislature should remain within their proper bounds. If the judiciary is not independent of the executive it will not be allowed to work impartially and safeguard the constitution.
  5. If members of the judiciary are left at the mercy of the executive for its terms and conditions or service, term of office, pay and allowances and other facilities, the executive will exert its influence on judiciary through these and it will not be allowed to administer justice impartially.
  6. The nature of work performed by the executive and judiciary is different. Members of the judiciary must be cold-headed and sympathetic. They must be kind and Merciful. But such qualities do not do well in dealing with criminals and for restoring law and order. Hence the smooth and efficient performance of their functions it is necessary that the two branches of the government should be separate from one another