Judicial Review | Judicial Independence | Reasons for Judicial Independence

What is Judicial Review?

Judicial review refers to the power of the courts (judiciary) to determine if the actions of other arms of governmentThe 3 branches of government are executive, judicial, and legislative. Executive The executive is the organ that implements the laws enacted by the legislature and enforces the will of the state.... More are in accordance with the provisions of the constitutionA constitution is a set of fundamental rules that determine how a country or state is run. More and, if otherwise can declare such acts unconstitutional, null and void, or ultra viresUltra vires translates to 'beyond the powers'. It is used to describe an act which requires legal authority or power but is then completed outside of or without the requisite authority. More.

The courts can check the actions of the legislatureThe legislative branch of government is responsible for making laws within a country. Legislatures are made up of people called legislators who, in democracies, are elected by the country’s population More, the executiveThe executive, also referred to as the executive branch or executive power, is the term commonly used to describe that part of government which enforces the law and has overall responsibility... More, and the judgment of lower courts to ensure adherence to the Constitution. This is necessary to prevent the arbitrarinessAn arbitrary rule, action or decision often seems unfair because it is not based on any principle, plan or system. An arbitrary legal judgment is a decision made at the discretion... More of law and the presentation of liberty of individuals.

Independence of the Judiciary:

Independence of the Judiciary refers to the freedom of the judiciary to administer justice without interference or control from the other arms of government or the rich in the societyThe term society is derived from the Latin word 'socius' meaning friendship or companionship. Society is a community, nation or group of people who share the same traditions, institutions, rules and... More.

It can also imply the impartiality of the judges, the absence of external influence, and the lack of bias in adjudicating cases by the courts. The judiciary discharges its duties without fear or favour.

Reasons for Independence of the Judiciary:

Judicial independence is necessary for the following reasons:

(i) Judicial independence will prevent intimidation and misuse of the courts.

(ii) It will enable judges to discharge their duties impartially.

(iii) It will prevent abuse of power by government officials.

(iv) It will protect the liberty of people.

(v) It will increase public confidence in the judiciary.

(vi) It will promote strict adherence to the rule of law.

(vii) To serve as an independent arbiter for the interpretation of the Constitution and other laws.

(viii) To guarantee the tenure of office of the judges to enable them to perform their duties without fear of losing their jobs.