D.3. The meaning of independence with respect to the judiciary
Even after years of existence, the meaning of the judiciary’s independence is still unclear. Our Constitution’s Articles 124 to 147 deal with the appointment of Supreme Court judges and Articles 214 to 231 deal with the appointment of judges in the High Courts, but our Constitution only mentions the judiciary’s independence; it makes no mention of what such independence truly entails. Judiciary’s independence includes both the independence of the judicial institutions and the independence of the judges who make up its body. However, judicial independence does not mean lack of responsibility or arbitrariness. The country’s democratic political system includes the judiciary. As a result, it must answer to the country’s citizens, the Constitution, and democratic values. The theory of the separation of powers appears to be the concept’s foundation and focal point. Therefore, it largely refers to the judiciary’s independence from the executive and legislative branches. Judiciary’s independence goes beyond just establishing a separate institution free from the oversight and influence of the government and the legislative branch. The fundamental goal of the judiciary’s independence is that judges must be able to resolve a dispute that comes before them in accordance with the law, free from other influences. Because of this, every judge’s independence is a component of the judiciary’s overall independence.