Essay on “Independence of the Judiciary” for CSS, PMS and Judiciary Examination

Here you will find the Essay on “Independence of the Judiciary” for CSS, PMS, and Judiciary Examination. “Independence of the Judiciary” is the most demanding thing in any state of the world. In easy words, it means that the judiciary should not be under any other institution and it should work independently and fairly to provide justice. The Judges should have no pressure and they are free to give their judgments without any undue favor or influence.

Essay on “Independence of the Judiciary”

In the law, the judiciary or judicial system is the system of courts that administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. The term is also used to refer collectively to the judges, magistrates, and other adjudicators who form the core of a judiciary, as well as the support personnel who keep the system running smoothly.

Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests. In most cases, judicial independence is secured by giving judges long, and sometimes lifetime, tenure and making them not easily removable.

Judicial independence is generally thought important for the rule of law that judges should not be easily dismissible. This is typically guaranteed in constitutions. There are the following basic principles for the independence of the judiciary:

  1. The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.
  2.  The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interference, direct or indirect, from any quarter or for any reason.
  3. The judiciary shall have jurisdiction over all issues of a judicial nature and shall have exclusive authority to decide whether an issue submitted for its decision is within its competence as defined by law.
  4. There shall not be any inappropriate or unwarranted interference with the Judicial process, nor shall judicial decisions by the courts be subject to revision This principle is without prejudice to judicial review or to mitigation or commutation by competent authorities of sentences imposed by the Judiciary, in accordance with the law.
  5. Everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures.  Tribunals that do not use the duly established procedures of the legal process shall not be created to displace the jurisdiction belonging to the ordinary courts or judicial tribunals.
  6. The principle of the independence of the judiciary entitles and requires the judiciary to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected.
  7. It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions.
  8. In accordance with the Universal Declaration of Human  Rights, members of the judiciary are like other citizens entitled to freedom of expression, belief, association, and assembly; provided,  however, that in exercising such rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary.
  9. Judges shall be free to form and join associations of judges or other organizations to represent their interests, promote their professional training, and protect their judicial independence.
  10. Persons selected for judicial office shall be individuals of the integrity of any ability with appropriate training or qualifications in law. Any method of judicial selection shall safeguard against judicial appointments for improper motives. In the selection of judges, there shall be no discrimination against a person on the grounds of race, color, sex, religion, political or other opinions, national or social origin, property, birth, or status. Except that a requirement, that a candidate for judicial office must be a national of the country concerned shall be not considered discriminatory.
  11. The term of office of Judges, their independence, security, adequate remuneration, conditions of service, pensions, and the age of retirement shall be adequately secured by law.
  12. Judges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age of the expiry of their term of office, where such exists.
  13. The promotion of judges, wherever such a system exists, should be based on objective factors, in particular ability integrity and experience.
  14. The assignment of cases to judges within the court to which they belong is an internal matter of judicial administration. professional secrecy and immunity.
  15. The judiciary shall be bound by professional secrecy with regard to their deliberations and to confidential information acquired in the course of their duties other than in public proceedings, and shall not be completed to testify on such matters.
  16. Without prejudice to any disciplinary procedure or to any right of appeal or to compensation from the State, in accordance with national law, judges should enjoy personal immunity from civil suits for mandatory damages for improper acts or omissions in the exercise of their judicial functions.
  17. A charge or complaint made against a judge in his/her judicial professional capacity shall be processed expeditiously and fairly under an appropriate procedure. The judges shall have the right to a fair hearing. The examination of the matter at its initial stage shall be kept confidential unless otherwise requested by the judge.
  18. Judges shall be subject to suspension or removal only for reasons of incapacity or behavior that renders them unfit to discharge their duties.
  19. All disciplinary, suspension, or removal proceedings shall be determined in accordance with established standards of judicial conduct.
  20. Decisions in disciplinary, suspension, or removal proceedings should b subject to an independent review. This principle may not apply to the decisions of the highest court and those of the legislature in impeachment or similar proceedings.
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Conclusion

Guaranteed judicial independence is the first step towards the meaning of reform and revival of the nation of any country. The holy Quran warned us that the way to destroy people is to facilitate rampant profligacy among the rich.

The moral decay of a country’s elites, whose excessive lust for money, privilege, and power spreads corruption in the fabric of their societies, eventually leads towards total collapse it would, therefore, seem unwise for us as a nation to remain passive in the face of the series of misfortunes that have befallen us in the last few years, ranging from such tragedies as the horrendous fire in a state threat to repeated train and road accidents, the pollution of our air, water, and food, the widespread use of dangerous fertilizers, chaotic traffic, and the disappearance of already scaring prime agricultural land, to name just a few paramount concerns.

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