Independence of Judiciary has No Alternative

In totalitarianism there can be no independence of expression though the government may do everything for the common people but common people think as they are asked to think, they work as they are asked to work, they behave as they are asked to behave and thus there is no freedom whatsoever. But in democracy importance of individual is emphasized and the sacredness of his personality is duly recognized. In democracy also party in power or coalition government may go despotic. The opposition may be silenced and muffled. Injustice may be done to the minority. Coercion may become order of the day. These possibilities are there because power corrupts individual and power-intoxicated men can go to any length to keep their authority intact. So for a civilized living independent judiciary is all essential. It acts as a corrective to the lawless despotic tendencies of the government.

Independence of judiciary means that while deciding a case the judge in the chair should not be influenced by any outside agency. He should decide cases impartially, honestly and boldly and he should not be afraid either of the executive or of the legislature. Ordinarily the executive tries not to interfere with the rights of the people. But at some period of time it, misuses authority and also ties to influence the judiciary so that it may not give any decisions against it. Similarly, the rich, the affluent and men with muscle power want to exercise control over the administration and they tyrannize at every step. The rich invariably make use of their enormous resources to influence the decisions of the judges.

Common people can’t stand against them end at this stage judiciary comes forward for their rescue and protection. Only an independent judiciary can serve as a check on the despotism of the executive and the tyranny of the effluents. If the judges are corrupt, dishonest and partial the people can’t enjoy the right to life, liberty and property.