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Independent Judiciary for Democracy

The judiciary with the system of laws and institutions involved in making legal decisions is an indispensable part of governance and the successful working of democracy necessarily requires an independent judiciary. A sound and independent judiciary is the sine quo non of a healthy society.[1] Lord Bryce aptly says ‘There is no better test of excellence of a government than the efficiency of its judicial system, for nothing more nothing more nearly touches the welfare and security of the average citizen than his sense that he can rely on the certain and prompt administration of justice.[2] Independence of judiciary depends on certain conditions like mode of appointment of judges, security of the tenure in the office and adequate remuneration and privileges.
Satisfactory implementation of these of these conditions enables the judiciary to perform its due role in the society. An independent judiciary can establishes the rule of law in the society. By upholding the rule of law, judiciary ensures the just and stable society and protects the rights of individuals to live, work and enjoy without fear or favor. Judiciary also makes the government accountable and responsive to the needs of general people which are the essential elements of good governance. Independent judicial system of a country upholds the equal rights of man and woman as an essential precondition of democracy and good governance.[3] The judiciary can play a significant role in cleansing the administration from corrupt politicians and officials by bringing them under the process of trial before the judicial fora.

[1] Halim, Abdul, Constitution, Constitutional Law and Politics: Bangladesh Perspectives. UPL,2006 p. 329.
[2] Bryce, Lord ,Modern Democracies, Part- ii.1929
[3] Khan, Salma, “Good Governance and Judiciary: Equal Rights of Women” (ed.) Hye, A.H. Governance : South Asian Perspectives Dhaka, 2000, p. 137.