State five factors that can limit the independence of the judiciary

Answer Details

Factors that can limit the independence of the judiciary

The independence of the judiciary means the ability of judges to decide cases impartially, free from control or pressure by any other person or arm of government. Several factors can undermine this independence.

1. Method of appointment of judges: Where judges are appointed solely by the executive or on the basis of political loyalty rather than merit, they may feel indebted to those who appointed them and may deliver judgments that favour the appointing authority.
2. Executive control over remuneration and conditions of service: If the salaries, allowances and welfare of judges are determined and paid at the discretion of the executive rather than charged to a consolidated fund, judges can be intimidated through the threat of poor pay or withheld benefits.
3. Insecurity of tenure: Where judges can be removed, suspended or transferred easily and without due process by the executive or legislature, they become fearful and reluctant to give judgments against the government.
4. Corruption and bribery: When judges accept bribes or gratification from litigants, their impartiality is compromised and justice is sold to the highest bidder rather than decided on the merits of the case.
5. Executive interference and disobedience of court orders: Direct pressure on judges, threats, and the refusal of the executive to obey or enforce court judgments weaken the authority and independence of the courts.
6. Political and public opinion pressure: Fear of criticism from powerful politicians, the press or ethnic and religious groups may push judges to decide cases in a way that pleases such interests rather than according to law.