Judicial Independence

3667 Words Aug 18th, 2011 15 Pages

An independent judiciary is necessary for a free society and a constituent democracy. It ensures the rule of law and realization of human rights and also prosperity and stability of the society. The independence of the judiciary is normally assures through the Constitution but it may also be assured through legislations, conventions and other suitable norms and practices. Following the constitution of United States, almost all constitutions lay down at least the foundation if not the entire edifices of an independent judiciary. The constitutions or the foundational laws on judiciary are however, only the starting point in the process of securing judicial independence. Ultimately the independence of the
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Without the former the latter cannot be secured and without the latter the former does not serve much purpose. Therefore the two, though separable, must be pursued together. A system that ignores one or the other cannot make much progress towards, much less achieve, the independence of judiciary.

Independence of Judiciary is sine guenon of democracy. In a democratic polity, the supreme power of state is shared among the three principle organs constitutional functionaries namely the constitutional task assigned to the Judiciary is no way less than that of other functionaries legislature and executive. Indeed it is the role of the Judiciary to carry out the constitutional message and it is its responsibility to keep a vigilant watch over the functioning of democracy in accordance with the dictates, directives, and imperative commands of the constitution by checking excessive authority of other constitutional functionaries beyond the ken of constitution. So the Judiciary has to act as the sentinel sine qua vive2. Our Constitution does not strictly adhered to the doctrine of separation of powers but it does provide for distribution of power to ensure that one organ of the govt. does not trench on the constitutional powers of other organs. The distribution of powers concept assumes the existence of judicial system