Independence of Judiciary Leading Justice System to Injudicious Outline

Abstract

Independence of judiciary is a topic of protracted debate commonly involving essentials and merits of independence added by its constituents and due execution etc. First, the word independence has been adorned only with judicial organ although the meaning of this feature as a characteristic is essential ingredient of all institutions and their constituent sectors. Importance of the word independence has been applied in a distinguish sense to mean that judiciary as an organ maintained in self-contained composition, competence, and capabilities for administer of justice in the country. Being Independent of external interference or fairly performing judicial function is a privilege and a duty. Judiciary must obtain, secure, defend and continue with its independence by virtue of establishing rule of law in the country. Judiciary shall not only administer justice, but that also must ensure continuity of its organizational capacity at all costs. Meaning thereby its professional responsibilities must continue judiciously by overpowering any obstruction from any other person or organ. That is why Judiciary has been declared guardian of the constitution as well. This study must examine to what extent independence of judiciary has been exercised in Pakistan in the context of its actual meanings and requirements. Doctrine of independence of judiciary outstandingly elaborates that judiciary is to be equipped of self-sustaining condition and can never shift the burden of failure to external factors. When a judicial system under the constitution is given independence or it claims so, responsibility of its execution and maintenance is retained on its articulatio humeri. The study will conclude that in case of failure judiciary shall have to acknowledge responsibility all alone.