JUDICIAL INDEPENDENCE: THE PROS AND CONS

Abstract

The concept of the independence of judiciary has always been a very furious argument for analysis, which had achieved more impulse recently. Independence of judiciary, to certify specifically, means an impartial and inactive judicial system, which can assist to take its decisions without being influenced by any external or internal firm or forces or by irrelevant considerations. The independence of the judiciary is an essential part of democracy; expect to shield the judicial process from external impact and to provide full legal protection to all individuals going to court for whatever reason. The Courts are contemplated to act as partisan of the law, who independently operate their judicial power without any practicable or individual inhibit. Such inhibits frequently comes from executive and legislative officials, political parties, the military, paramilitary and intelligence forces, criminal groups and the judicial hierarchy itself. The imminent of human blunder, specifically when human interest comes into conflict with the claims of others, requires that a judiciary should interpret the laws, and the hypothesis, which determine it, as far as potential independent of the Executive and the Legislature.

The Judicial independence is a dual concept. It not only means freedom from extraneous impact but it also means an independent accession by the individual judge. Judge commitment also able to think independently for himself. He should not be fluctuating by the altercation of one side and just close his eyes to the argument of the other side. He must be independently capable of evaluating the arguments of both sides and come to a right conclusion. He should be self-reliant and not submissive. Judges must be developing a judicial temperament. Judicial temperament is defined as objectivity growing into wisdom. It is the equanimity devoid of passion or ego of the self. It is an attitude of mind, a quality that integrates the entire personality of the judge.