Moeez Tahir

The independence of the judiciary is a crucial concept for the rule of law, justice, human rights, democracy and Constitutionalism.
The rule of law means that everyone is subject to the same laws and that no one is above the law. The independence of the judiciary ensures that the laws are applied and interpreted impartially and consistently, without any interference or influence from other branches of government or private actors. The independence of the judiciary also enables the judiciary to check and balance the powers of the executive and the legislature and to protect the rights and freedoms of the people from any abuse or violation.

The independence of the judiciary is critical for ensuring justice in a country. Justice means that everyone is treated fairly and equally before the law and that everyone has access to effective remedies for their grievances. The independence of the judiciary ensures that the judges can deliver justice without fear or favour, based on the facts and the law, not on personal or political preferences. The independence of the judiciary also ensures that the judges can uphold the principles of due process, natural justice and fair trial, which are essential for ensuring justice for all.
Human rights are always critical for a functional society. Human rights are the inherent and universal rights and freedoms that belong to every human being. The independence of the judiciary ensures that the judges can protect and promote human rights by enforcing the constitutional and legal guarantees of human rights, by interpreting the laws in accordance with human rights standards, and by providing effective remedies for human rights violations. The independence of the judiciary also ensures that the judges can respect and observe human rights in their own conduct and decisions and that they can exercise their own human rights as citizens.

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Then, the independence of the judiciary ensures a working democracy. Democracy means that the people have the power to choose their representatives and participate in their country’s governance. The independence of the judiciary ensures that the judges can safeguard democracy by ensuring free and fair elections, upholding the constitutional principles of separation of powers, checks and balances, and accountability, and resolving any disputes or conflicts that may arise from the democratic process. The independence of the judiciary also ensures that the judges can foster a culture of democracy by respecting and tolerating diversity and pluralism, encouraging public participation and consultation, and enhancing public trust and confidence in the judicial system.

Judiciaries across the world are empowered to protect the Constitutionalism in a country. Constitutionalism means that the government is limited by a constitution that establishes the fundamental laws and principles of the country. The independence of the judiciary ensures that the judges can uphold Constitutionalism by ensuring that any action or law by any organ of the state is consistent with the Constitution, by declaring any action or law invalid to the extent of its inconsistency with the Constitution, and by interpreting the Constitution in a manner that reflects its spirit and purpose. The independence of the judiciary also ensures that the judges can contribute to constitutionalism by developing constitutional jurisprudence, engaging in constitutional dialogue with other branches of government and civil society, and protecting and enhancing the basic structure of the Constitution.

Therefore, the independence of the judiciary is vital for ensuring that the rule of law, justice, human rights, democracy and Constitutionalism are respected and realized in any country. It is also critical for Pakistan to ensure an independent judiciary for the rule of law, governance, and justice. The judiciary is the most critical institution in all the branches of government for providing justice and holding the canons of justice, fair play and legal implementation.

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