Independent Judiciary and NationBuilding: A Case Study of Pakistan

Abstract

Independent judiciary is the foundation of a fair and impartial and constitutionally balanced society. Independence means that judges can freely make lawful decisions whether involving influential politicians, governmental personals or ordinary citizens. Thus, ensuring decisions are based on constitution rather than is the result of political pressures or is favoring some majority. Endowed with independence, the judicial system serves as a safeguard of the peoples rights and freedom. In Pakistan, although, our Constitution stipulates an independent judiciary but our governments, over the years, have been bent upon ensuring that our judges always live in a climate of fear and make biased and favorable decisions under the influence of the executives. The paper concludes that independent judiciary may not be the solution to all the problems of Pakistan but is the most important stride towards solving the problems faced by the state machinery.