independence of judiciary need for reforms

Abstract

The administration of justice, the chief task of the judiciary, comprises the third organ of the governmental machinery. The welfare of citizens greatly depends upon speedy and impartial justice. James Bryce has aptly remarked that, quotthere is no better test of excellence of a government than the efficiency of its judicial system.quot1 Whatever the type of political system, finally it is judiciary which provides legitimacy to the regime. It is the basic yardstick to determine the goodness of a political system. newline The judiciary is the guardian of the rights of man and it protects these rights from all possibilities of individual and public encroachments. The main function of judiciary is to provide justice to the people according to the law of the land. If there is no adequate provision for the administration of justice, the liberty of the people is jeopardized. But in democracies, the scope of the functions of judiciary is wider than in other forms of government. In a democracy, the judiciary is not subordinate to the rulers but is the guardian of the constitution, and rights and liberties of the people. newline Being human disputes are bound to arise amongst us. For the settlement of those disputes, there is a need of guidelines in the form of laws and forums to redress the wrongs in the form of courts which is also called judiciary. The Judicial system deals with administration of the laws through the agency of the courts.2 The Judicial system is a set of inter-related procedures and roles for deciding disputes by an authoritative person or persons whose decisions are regularly obeyed. The disputes are to be decided according to a previously agreed upon set of procedures and in conformity with the prescribed rules. The Judicial system is both a means of resolving disputes between identifiable and specified persons and a process for making public policies. newline newline