Why is the independence of the judiciary desirable? Since the days of monarchs, despots and theocratic regimes, much sanctity is attached to the judiciary ‘Justice’ is depicted as a blindfolded person who holds the scale of justice. Such depiction is symbolic of the impartial quality of a judge.
Be it a democracy or a despotic regime, which holds the scale of justice, impartial judges have been highly praised. In order to be impartial, it is required that judges should be independent. Unless they are independent, they cannot properly mete out justice.
Only an independent judiciary can protect the rights of individuals against encroachment by others. Encroachment need not only be a form of private persons. Even government officials, in course of their duties, are likely to encroach upon the rights of the individuals.
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Under the circumstances, it is only an independent judiciary that can come to the rescue of the aggrieved party. Alternatively, if the judiciary is subjected to the unhealthy influence of governmental interference, then the individual’s rights cannot be safeguarded by the judiciary.
In federal polity, independence of the judiciary is imperative. The judiciary in a federal system functions as the defender of the Constitution. It also acts as an impartial arbiter of disputes that often arise between national and state governments. Unless the judges are independent and the conditions of their services are secure, they cannot freely express their opinion.