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Why judiciary is independent

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Why judiciary is independent
  • 1 answers

Yogita Ingle 3 years, 7 months ago

I. Meaning of the term Independence of Judiciary. Why is the independence of the judiciary desirable? Since the days of monarchs, despots and theoratic regimes, much sanctity is attended to the judiciary. ‘Justice’ is depicted as a blind-folded person, who holds the scale of justice. Such depiction is symbolic of the impartial quality of a judge. Be in a democracy or a despotic regime, impartial judges have been highly praised. In order to be impartial, it is required that judges should be independent. Unless they are independent they cannot properly meet out justice.
An independent judiciary can only protect the rights of individuals against encroachment by other. Encroachment need not only be from private persons. Even Government officials, in course of their duty are likely to encroach upon the rights of individuals. Under the circumstances, it is only an independent judiciary that can come to the rescue of the aggrieved party. In federal policy independence of the judiciary is imperative.
II. Importance of Independent Judiciary:
It is very important to make judiciary independent and impartial because an individual comes to the court when he has been harassed by the Legislature or Executive and when he has been denied his due. It protects the poor from the rich. It protects the ordinary citizen from the wrong acts of the Executive, it protects the fundamental rights and liberties of the individuals, it interprets the laws and the Constitution.
It decides disputes between the Centre and the States in federal set-up. All these functions can be performed properly by the judiciary only if it is independent and impartial. If the people lose faith in the fairness of the justice, if they start feeling that justice can be purchased and influenced, the Government cannot last longer.

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