INDEPENDENCE OF THE JUDICIARY

The principle of independence of the judiciary is an integral part of the doctrine of separation of powers. It means that:
i. There should be a distinct organ of government whose function is to administer justice
ii. The organ must operate impartially and in an unbiased manner. It must be disinterested as possible in the proceedings.
iii. The organ must administer justice on the basis of facts and law without fear or favour and without eternal influence.

Independence of the judiciary may be actualized in various ways:

i. By providing security of tenure for judicial officers.
ii. Economic independence i.e adequate financial provisions to judicial officers.
iii. Immunity from court action for actions taking place in the course of judicial proceedings.
iv. Appointment of persons of unquestionable professional and moral integrity

Independence of the judiciary is critical in that:
i. It promotes the liberty of human beings checking on the excesses of the state.
ii. It promotes the rule of law.

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