Independence Of Judiciary

Independence of the judiciary means that the judge should be independent of the other two organs, the legislature and the executive, so as to administer justice with impartiality and according to law. For this purpose it is necessary that the appointment and tenure of the judges should not depend upon the pleasure of the other organs.

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Necessity of independent judiciary

First of all, an independent judiciary is necessary for securing an impartial trial of the accused. It protects the liberty and rights of the citizens. It is the bulwark of individual liberty. Secondly, it has to try State officials for offences committed by them in the course of performing their public duties. An independent judiciary can protect individual liberty and rights from official infringements.

Thirdly, the, independence of the judiciary is essential for the protection of the constitution and law against encroachment by the government, or private individuals. This is particularly true of a federal constitution which has to be preserved from the encroachment by the federal or unit governments.

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