W HY DO WE N EED AN I NDEPENDENT J UDICIARY ? In any society, disputes are bound to arise between individuals, between groups and between individuals or groups and government. All such disputes must be settled by an independent body in accordance with the principle of rule of law. This idea of rule of law implies that all individuals — rich and poor, men or women, forward or backward castes — are subjected to the same law.
The principal role of the judiciary is to protect rule of law and ensure supremacy of law. It safeguards rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship. In order to be able to do all this, it is necessary that the judiciary is independent of any political pressures. What is meant by an independent judiciary?
How is this independence ensured? Independence of Judiciary Simply stated independence of judiciary means that the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice. the other organs of the government should not interfere with the decision of the judiciary. judges must be able to perform their functions without fear or favour.
Independence of the judiciary does not imply arbitrariness or absence of accountability. Judiciary is a part of the democratic political structure of the No fisticuffs please, this is rule of law!