Submitted By rahmansaidur
Independence of judiciary means a fair and neutral judicial system which can afford to take its decision without any interference of executive or legislative organ of the government. The concept of separation of judiciary from the executive refers to a situation in which the judicial branch of the government acts as its own body free from intervention and influence from the other branches of the government particularly the executive. If the same individual assumes the functions of both executive and judiciary the necessary check and balance disappears and rights of the citizen are not adequately protected. Separation of judiciary from the executive universally ensures the independence of judiciary and safeguards the rights of the people. The question of separation of judiciary from executive is not new in our country. In fact, demand for separation of judiciary from executive had been a part of the movement for democracy itself and its implementation was part of the election pledges of both the major political parties. Article 22 of our constitution says, “The state shall ensure the separation of the Judiciary from the Executive organ of the state”. Separation of judiciary is included in Part II of our Constitution, i.e. the fundamental principles of the state policy; and Part V of the Constitution deals with the judiciary.
But unfortunately no government since 1972 when the constitution was framed ever took steps to effect the separation. Finally in 1999 while delivering historic judgment in the famous 'Masder Hossain's case', popularly known as 'separation of judiciary' the Appellate Division of Supreme Court asked the government to take steps for separation as per Article 22 of the Constitution.
The judiciary becomes independent of the executive form Nov 1, 2007 with 218 judicial magistrates, 224 courtrooms, 1,043 staff members and four lakh criminal cases…...