The existence of a
fearless and independent judiciary is all the more essential in a
federal state. The Constitution distributes powers between the Center
and the states. The judiciary decides disputes between the two. If
judges are under the influence of the center, the states can’t think of
getting any justice as judges will fail in discharging their duties
impartially.
In case the judges are
partial and timid, order in the state will come to see its lowest ebb.
Judiciary is a watchdog and custodian of the law and the rights of
people. People have no other way to raise their voice against the
highhandedness of the government except the protection of the judiciary.
In the absence of independent judiciary the Constitution will become a
plaything, a virtual pros, in the hands of the people in power. A
democratic government is the government by law. Administration is
carried on not as per the whims and wishes of any individual. Judiciary
is there so as to ascertain if a law has been violated or not. Only an
independent judiciary can discharge this obligation rightly and
effectively. Usually we see that it is only the law-abiding citizens who
suffer at the hands of arrogant, corrupt, dishonest and perverted
officials. These officials at their sweet will and whims, twist the arm
of the law and interpret laws to suit their convenience. Such law
abiding citizens have only one hope and that lies in an independent
judiciary.
In Pakistan and in
many countries efforts have been made to establish an independent and
impartial judiciary. Judiciary can’t be free and impartial on its own.
Certain factors play a vital role in this regard and if these factors
are missing the protective tree and umbrella of judiciary will be
rendered sapless and rootless and ultimately it would crumble down
leading way to dictatorship.