The separation of powers is a fundamental guarantee of the independence of the judiciary. In the decision-making process, judges should have freedom to decide cases impartially, in accordance with their interpretation of the law and the facts. They should be able to act without any restriction or improper influence.

(1)An independent judiciary means a justice system that is not influenced by either legislative or executive branch.
(2)It is free to make decisions based upon law not upon men or pressure from group.

What is an Independent Judiciary?

An independent judiciary refers to a system of courts that is free from external influences and operates impartially and autonomously. It is a fundamental principle of democratic governance that ensures the rule of law, promotes justice, and protects individual rights. The independence of the judiciary is crucial for maintaining a fair and transparent legal system and upholding the principles of democracy.

Key Points about Independent Judiciary:

1. Separation of Powers:
The concept of an independent judiciary is closely linked to the principle of separation of powers. In a democratic society, the powers of the government are divided into three branches: the legislative, executive, and judicial branches. The judiciary acts as a separate and independent branch, ensuring a system of checks and balances. This separation prevents any one branch from becoming too powerful and serves as a safeguard against abuse of power.

2. Impartiality and Autonomy:
Independence of the judiciary entails that judges are free from any undue influence or pressure from external sources, such as the government, political parties, or individuals. They must be able to make decisions based solely on the law and the facts presented before them, without any bias or interference. This impartiality ensures that justice is served fairly and equitably, and the rule of law is upheld.

3. Protection of Individual Rights:
An independent judiciary plays a crucial role in protecting individual rights and civil liberties. It acts as a guardian of the constitution and ensures that laws are interpreted and applied in a manner consistent with fundamental rights and freedoms. By providing a forum for individuals to seek redress for violations of their rights, the judiciary acts as a safeguard against arbitrary actions by the government or other entities.

4. Public Confidence and Trust:
The independence of the judiciary is essential for maintaining public confidence and trust in the legal system. When people have faith in the impartiality and integrity of the judiciary, they are more likely to respect and abide by the decisions of the courts. This trust is vital for the stability and functioning of a democratic society.

5. Accountability and Judicial Ethics:
While an independent judiciary operates autonomously, it does not mean that judges are immune from accountability. They are subject to ethical standards and codes of conduct that ensure their integrity and professionalism. Judicial independence should be balanced with the need for accountability to maintain public trust and confidence in the judiciary.

In conclusion, an independent judiciary is a cornerstone of democratic governance and the rule of law. It ensures that justice is administered fairly, protects individual rights, and upholds the principles of democracy. The separation of powers, impartiality, and autonomy of the judiciary are crucial for maintaining public trust and confidence in the legal system.