Question

independent and impartial judiciary is the backbone of democratic system. Justify this statement on the basis of the functions of judiciary.​

Answer 1

Answer:

Judiciary is very important organ of the modern state. Judiciary must be independent, impartial and competent to bring basic and fundamental principles of democratic ruling system into practice and to ensure a just nation.

Only the independent and unprejudiced judiciary can accomplish judicial function of the nation. Providing equal justice and finalize civil and criminal cases through courts are the very important functions of judiciary.

Explanation of existing law, clarifying meaning of legal term and removing legal difficulties should be carried out by judiciary. It is not possible to carry out these functions by judiciary under the influence and interference of politics.

Rule of law is a fundamental basis of democratic system and to ensure it, judiciary has the responsibility to protect the constitution and other existing laws of the nation. Similarly, in democratic system the fundamental rights of the citizen are also protected by judiciary.

Judiciary provides judicial advise to the executive and legislature about legal difficulties or obstacles and about the legal procedures.

In the absence of independent, impartial and competent judiciary, there would be misuse of judicial power and works. Human/ fundamental rights can be exploited at any time.

A democratic system can not be run smoothly without ‘ Separation of power’ and ‘Check and Balance’ among the organs of the state. So, the basic norms and values of Loktantra can not sustain without independent, impartial and competitive judiciary.