concept of independence or separation of judiciary

concept of independence or separation of judiciary

by Asaduzzaman 181-26-1208 -
Number of replies: 0

Independence of judiciary means a fair and neutral judicial system of a country, which can afford to take its decisions without any interference of executive or legislative branch of government. The concept of judicial independence as recent international efforts to this field suggests, comprises following four meaning of judicial independence:

(i) Substantive Independence of the Judges: It referred to as functional or decisional independence meaning the independence of judges to arrive at their decisions without submitting to any inside or outside pressure;

(ii) Personal independence: That means the judges are not dependent on government in any way in which might influence them in reaching at decisions in particular cases;

(iii) Collective Independence: That means institutional administrative and financial independence of the judiciary as a whole vis-à-vis other branches of the government namely the executive and the legislative;

(iv) Internal Independence: That means independence of judges from their judicial superiors and colleagues. It refers to, in other words, independence of a judges or a judicial officer from any kind of order, indication or pressure from his judicial superiors and colleagues in deciding cases.

Independence of judiciary depends on some certain conditions like mode of appointment of the judges, security of their tenure in the office and adequate remuneration and privileges. Satisfactory implementation of these conditions enables the judiciary to perform its due role in the society thus inviting public confidence in it.