Conditions for Independence of Judiciary

Sat, 03/02/2013 - 01:04 -- Umar Farooq

Conditions for Independence of Judiciary

Independence of judiciary may better be secured by considering the following conditions:

1. Mode of Appointment

Independence of judiciary is determined to a great extent by the mode of appointment of its members. They may appointed by the people through the elections or indirectly by the members of the legislature for a fixed term. They may also be appointed by the head of state through nomination. In the first two modes of appointment, the judges will remain at the mercy of the political parties that have elected them and in the last case they will be at the mercy of the head of state who has appointed them.

The best mode of their appointment and impartiality is that the head of state should nominate quail Fled and reputed persons and the legislature should approve this nomination but the power to remove them should neither be in the hands of the executive nor they should be removed by the legislature in ordinary manner. Their removal should be through impeachment. Only in this way its independence and impartiality can be secured.

2. Long and fixed Term:

The term of office of members of judiciary should not only be fixed but longer as well. No member of judiciary should ordinarily be removed from office unless he attains the age fixed for retirement by the constitution. A long and fixed term of office will ensure impartiality of judiciary.

3. Fixed Salaries

A fixed and adequate Salary makes a judge feel secure, independent and fearless. If a judge is low paid, he will definitely incline him towards corruption and inducement. He will not be in a position to discharge his functions in accordance with the demands of justice. Hence fixed and adequate salary of the members of judiciary is a must for its independence.

4. Term and Conditions of Service

The independence of judiciary can better be secured if term and conditions of services of judges are better and: if they are provided with all the facilities necessary in connection with the discharge of their duty. Even after their retirement they should have sufficient pension so that they may hope for a peaceful, honorable and contented life. The presence of such conditions will ensure independence of judiciary.

5. Separation from the Executive

For securing independence of judiciary, it is also necessary that one and the same person or body of persons should not possess judicial as well as judicial powers. These powers should belong to two different persons or bodies. If one and the same person holds powers belonging to judiciary and executive, people cannot expect justice from such a person because ha will always uphold his executive orders. I hence separation of the two is a must for the independence and impartiality of judiciary