Wednesday, March 4, 2015

Session 11: Independent Judiciary

An independent judiciary is essential in the systematic functioning of one of the vital institutions of the State. This is the doctrine of the separation of power. However, in Pakistan, the judiciary is often influenced by the executive who elects the Judge usually affiliated with the political party. Therefore, the ultimate decisions of the court are in the interest of the polity.

An independent jury can make fair and objective decisions without pressure from groups such as the State, executive, legislature and Media, thus, upholding the law and being impartial. Judges have an obligation toward the public who entrusts it to provide justice,a fair, consistent and neutral provision of justice where confidence of people is not compromised, thus,  judicial independence must be secured.

 Canada for instance maintains the independence of its judiciary by ensuring a security of tenure, financial security and administrative Independence to it's judiciary. These three which are not present in our judicial system where courts have lack of judges and resources and infrastructure to function properly. The salaries of judges are meager and there is no adequate budge for the daily administration of courts. These factors discourage the lawyers and judges to perform their duties efficiently and compromise on the obligations of the court to the people.

1 comment:

Unknown said...

independent jury can only exist when judges are hired on the merit and the job is given to the deserving candidates rather than such essential part of our system is also compromised by our leaders for their self benefits.