The Challenges of Independence of Judiciary

Abstract

Judicial independence is the foundational principle that ensures courts function free from external pressures and influence, particularly from the executive and legislative branches. It is a cornerstone of democracy, the rule of law, and the protection of fundamental rights. This independence operates on two levels: institutional autonomy, where the judiciary controls its administration and finances, and individual autonomy for judges, secured through secure tenure, fixed salaries, and immunity for judicial acts. Its core purpose is to guarantee impartial adjudication, uphold constitutional supremacy, and provide a vital check on governmental power. When compromised, it erodes public trust, enables authoritarian overreach, and undermines legal certainty. Therefore, safeguarding judicial independence through constitutional design, ethical norms, and a culture of respect is not merely an institutional concern but a prerequisite for a just and equitable society.