Outline five (5) reasons for which the judiciary is kept independent on the control of the executive and legistlature.

Answer Details

The judiciary is kept independent of the control of the executive and legislature for the following reasons:

1. To ensure impartial justice: An independent judiciary can decide cases purely on their merit and according to law, without fear or favour from the other arms of government.
2. To protect the fundamental rights of citizens: Only a free judiciary can defend citizens against the abuse of power and safeguard their constitutional rights and liberties.
3. To uphold the rule of law: Independence enables the courts to apply the law equally to all persons, including government itself, thereby maintaining the supremacy of the law.
4. To act as a check on the other arms: Through judicial review the judiciary can pronounce the actions and laws of the executive and legislature unconstitutional, but it can only do so if it is free of their control.
5. To guarantee fair hearing: An impartial and independent court ensures that everyone, including opponents of government, receives a fair and unbiased trial.
6. To resolve disputes justly: It settles disputes between citizens, and between citizens and the state, in a manner that commands public confidence.
7. To prevent tyranny and dictatorship: Judicial independence stops the concentration of power in one arm and thereby guards against arbitrary and dictatorial rule.