What do you understand by “Independence of Judiciary”? Describe its importance.

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.

The judiciary in a federal system functions as the defender of the constitution. It is also acts as an impartial arbiter of disputes that often arise between national and State Governments. Unless the judges are independent and the conditions of their service are unencroachable and their service is secure, they cannot freely express their opinion.

About the independence and impactiality of Judiciary Prof. Laski says, “The men who are to make justice in the courts, the way in which they are to perfrom their functions, the method by which they are to be chosen, the terms upon which they shall hold their powers, these and other related problems lie at the heart of political philosophy.”

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.

In fact the existence of the State depends upon the judiciary. It is a fact that in ancient days when judiciary acted in subordination of the Executive and had no independent organisation could not protect the people from oppression. Montasquieu propounded his theory of separation of powers, making judiciary independent only for the protection of individual liberty.

American President has also laid emphasis on independence of judiciary. In his opinion the judges should give justice independently, impartially and fearlessly in all cases whether they are between the individual and the Government or between the majority and the minority groups or between the individuals. Dr. Garner has said, “if the judges lack wisdom, probity and freedom of decision, the high purposes for which the judiciary is established cannot be realised”.

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