AN impartial judiciary is a bedrock upon which the edifice of justice stands. The courts must be independent from the other branches of the government. If a judiciary cannot be relied upon to decide cases impartially, according to the law and not based on external pressures and influences, its role is distorted and public confidence in the government is undermined.

The importance of an independent judiciary that dispenses justice without fear or favour cannot be overstated. It is crucial to ensure that the rule of law is upheld, and justice

is served. However, when judicial decisions indicate partiality, it can open the proverbial Pandora’s box of adverse repercussions for a country; any country around the globe without an excpetion.

The judiciary plays a pivotal role in interpreting and enforcing the law, resolving disputes, and upholding the rights of individuals and the state. An impartial judiciary ensures that the scales of justice are balanced and that everyone, regardless of their status, is treated equally before the law.

Without impartiality, justice becomes a mockery, and the trust of the public in the judiciary is eroded.

The repercussions of partiality in judicial decisions are manifold and far-reaching. It can lead to corruption, where the powerful can manipulate the justice system to their benefit, and the weak are left at the mercy of their oppressors.

It can also create a climate of impunity, where the powerful can act with impunity and violate the rights of others without fear of consequences.

Furthermore, partiality in judicial decisions can undermine the very fabric of a democratic society, leading to the erosion of public trust and the lack of accountability.

To ensure an independent and impartial judiciary, there are several viable measures that need to be implemented.

The appointment process for judges should be transparent and based on merit. This will ensure that the most qualified and capable individuals are selected to serve on the bench.

The judiciary should be adequately funded and provided with the necessary resources to carry out its functions effectively.

This includes providing training to judges and other judicial personnel to ensure that they are competent and equipped to handle complex legal issues.

It is crtically essential to have effective mechanisms in place to hold judges accountable for their actions. This includes establishing a robust system of judicial ethics and providing avenues for complaints and redressal of grieva- nces against judges.

There should be safeguards in place to protect the judiciary from external interference. This includes measures, such as providing security of tenure for judges and protecting them from political pressures and threats.

An independent and impartial judiciary is not just a desirable feature of a democratic society; it is an essential prerequisite for the functioning of the legal system.

The repercussions of partiality in judicial decisions can be devastating for a country, leading to corruption, impunity and the erosion of public trust.

Therefore, it is essential to implement viable measures to make the judiciary independent and impartial. As eminent jurist Felix Frankfurter once said, and rightly so, “Justice must satisfy the appearance of justice.” Think about it.

Muhammad Saifullah
Shikarpur

Published in Dawn, May 3rd, 2023