Why role of Judiciary important?

                                          Role Of the Judiciary:

In every nation, the judiciary serves as both a keeper of the constitution and a protector of citizens' fundamental rights. The organization is regarded as a foundation for civilizations as well as the most pious pillar of the state. The independence of the judiciary is universally acknowledged by all philosophies as a way of ensuring social harmony, political advancement, peace, and growth in any community. In our nation, the judiciary has undergone several stages. The "doctrine of necessity" phase, which undercut the role of the judiciary, is one of the phases. However, with the judicial movement, the institution began to reclaim its previous splendor.

Now that our judiciary is functioning so admirably, the common people's faith that someone will defend their fundamental human rights has been restored. Since Chief Justice of Pakistan Justice Anwar  took on the Panama gate case in November 2016, the institution has gained attention. Our judiciary hears all cases, regardless of whether the person is a prominent leader or a regular person. As a result, some well-known lawmakers were disqualified, including Man and Jahangir Tarn. Additionally, the institution is aware of how to respond to anyone who attempts to disparage the judiciary or the honorable judges. Those who criticize Supreme Court judges are subject to stringent contempt of court procedures, according to the top court. One such person who has served out his sentence for contempt of court is Neal Hash me.

 In addition to these post-Panama gate and Panama gate actions, the supreme court has begun to defend the rights of regular people. Such legal proceedings are known as "public interest litigation." The current Chief Justice of Pakistan, Justice Man Sahib Nisan, has taken a significant number of So Moth actions over the past few months on a variety of issues, including contaminated drinking water and poor milk, as well as extrajudicial killings, rape-murder incidents of young girls, illegal construction, blocking of roads for VIP movements, security barriers in public streets, the Exact fake degree scam, the laundering of Pakistanis' money in foreign accounts, and the sale of poor. In actuality, the chief justice of Pakistan is carrying out a task that is largely in the best interests of the country's population.

A portion of society is accusing the honorable Chief Justice of meddling in the affairs of CEOs because of these measures, but he has refuted this accusation. In response, he said that he didn't care about the criticism and that he was dedicated to upholding the nation's residents' fundamental rights. He stated that the accusations levelled against him are unfounded because he is only trying to combat social ills. He also used the widows' pension as an example, which the SC raised from Rs. 1300 to Rs. 8000 to at least make it easier for them to buy medications.

 Now, judicial reforms also need to be taken into consideration. The primary duty of the court is to deliver justice promptly and in conformity with the law. One complaint that is frequently heard is that justice is not served promptly. One of the main reasons in our courts  is for this delay. One of the main causes is that too many cases—nearly 150 each day—are referred to judges. Despite putting in a lot of effort and putting in extra time, the volume of litigation is not going down. The lack of sufficient judges at all levels and the absence of strict regulations to deter pointless lawsuits are its main causes.

 Man Sahib Nisan, the Chief Justice of Pakistan, addressed this matter and oversaw discussions on judicial reforms and ways to reduce the backlog. Numerous factors are being considered, including facilitation for public litigants and attorneys to ensure easy access to courts; the introduction of information technology in courts to facilitate public, efficient court and case management; promotion of alternate dispute resolution (ADRs); training for judges, law officers, and staff; and the categorization of courts to offer affordable and prompt justice to the public. These changes have been made to some extent in Punjab and serve as a model for the rest of the judiciary. Alternative conflict resolution is crucial, the Chief Justice noted, since it will lighten the load on the already overburdened formal justice system.

•  The branch of government that administers justice in accordance with the law is the judiciary. The phrase is used to refer generically to the system's administrative staff, including the judges, magistrates, adjudicators, and other court workers. The law is applied by the courts, who also resolve disputes and deal with offenders in accordance with the law. Our judicial system is a crucial component of our democratic way of life. It supports good governance, peace, and order. Both governments and citizens look to the judiciary to uphold their legal rights and interpret the law. The judge must exercise independence from strong interests and impartiality towards all parties. The capacity of a court to uphold its judgments determines its capacity to administer justice. Only a court of appeal can overturn the ruling of a lower court.

•  Separation of powers:

 As a British colony, Australia absorbed England's legal ideas and standards as well as Since the Westminster system upholds the theory of the Separation of Powers, we work under it. The legislature, also known as the legislature, and the executive branch of government, which consists of the governor, the premier, and the ministers, are the other two branches of government. The judiciary is one of these three. Legislation is created by parliament, carried out and enforced by the executive branch, and applied to specific instances by the judiciary. Each arm of the government has its own authority and powers, and each one has considerable influence over the other two, but no one arm has more power 3 than the others. The judiciary must continue to be separate from the other two parts of government in accordance with the idea of the separation of powers. This independence is regarded as the foundation of democracy and a crucial defense against corruption. Although the roles of the Executive and Parliament must necessarily intersect, the judiciary is nonetheless separate from both.

 The doctrine of the separation of powers in the Westminster system is usually regarded as one of the most fundamental tenets of liberal democracy.

 According to the idea of the separation of powers, there are three departments of the government: the legislative, executive, and judicial. The legislative branch creates the laws, the executive implements them, and the judicial branch interprets them. Each has distinct roles, with distinct employees carrying out distinct responsibilities and duties. Because each agency depends on the other, no one can exercise total authority. By dividing power in this way, we can avoid absolutism (such as in monarchs or dictatorships, where all power is concentrated in the hands of a single person) or corruption that results from the opportunities that unfettered power presents. The philosophy can be expanded to allow the three branches to function as mutually reinforcing mechanisms. Each branch’s independence helps keep the others from exceeding their power, thus ensuring the rule of law and protecting individual rights.

 This distinction does not fully exist under the Westminster System, the parliamentary system of government that Australia borrowed and modified from England, and the theory is not exemplified in the constitutions of the Australian states. However, there are three branches of government in Australia: the legislative (represented by parliaments), the executive (represented by ministers and the departments and agencies of the government they oversee), and the judicial (represented by judges and courts). However, there is a lot of overlap in terms of both individuals and activities because the ministry (executive) is chosen by and answerable to the parliament (legislature). The distinction between the judiciary's divisions is clearer.

 If the goal of the separation of powers is to create safeguards against the concentration of too much power in one branch of the government, then in Australia, safeguards against this have been established through a variety of means, including constitutions and conventions; the bicameral system; a variety of political parties; elections; the media; courts and tribunals; the federal system itself; and the active, ongoing participation of citizens.

•  Importance: 

 A restricted constitution's rights and privileges are safeguarded by judicial independence, which also bans executive and legislative interference with such rights. It acts as the cornerstone of democracy and the rule of law. According to the rule of law, all authority and power must derive from a single, supreme body of law. The courts and their employees are shielded from unwarranted interference in the business of the judiciary under an independent judicial system. The judiciary can protect people's rights and freedoms thanks to its independence, ensuring that everyone is given the same level of protection.

 The judiciary's independence and ability to render just judgments are necessary for the law to be effective and for people to respect both the law and the government that enacts it. Additionally, it is a pillar of economic development since global corporations and investors feel confident investing in the economy of a country with a strong, stable, and interference free judiciary. Independence of the judiciary is also required because of the judiciary's role in determining the legitimacy of presidential and legislative elections.

•  Conclusion:

Queensland courts are a cornerstone of our democracy, distinctive for the transparency, predictability and accountability of their process.