The Judiciary is sometimes referred to as the court system. It is that branch of government that is responsible for the rule adjudication and interpretation in a state.
The Judiciary interprets the laws made by the legislative arms of government and implemented by the executive branch of government. The courts will, however, only apply the law to cases brought before it.
The judiciary comprises the Bench(judges) and the Bar(lawyers).
Meaning of Judiciary as an Organ of Government
The Judiciary is the system of courts that interprets and applies the law. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law (in a plenary fashion which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive) but rather interprets law and applies it to the facts of each case.
This branch of the state is often tasked with ensuring equal justice under law. It usually consists of a court of final appeal (called the “Supreme court“). together with lower courts.
In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and rules of the state when it finds them incompatible with a higher norm such as primary legislation, the provisions of the constitution or international law.
Many times, courts are seen only as arbitrators in disputes between individuals or private panics. Judiciary however, performs some key roles in political systems.
The appointment of judges should not be politically motivated. There should be competent appointment machinery that will recommend the appointment of judges to the other organs of government for approval.
2. Security of Tenure and Promotion
Provisions should be made to ensure the security of tenure of judges so that judicial officers will be free to do their job without any political influence from any other arm of government. Arbitrary removal of judges will have an adverse effect on the administration of justice.
3. Salaries / Wages
In order to prevent interference in the affairs of the judiciary by the executive, it is advisable and important to provide a financial autonomy for judiciary through the consolidated fund.
4. Democratic and Constitutional Governance
The independence of judiciary is very unlikely during military involvement in politics.
5. Secuity of Life and Property of Judicial Officers
There should be state protection of life and property of judges through provision of adequate security facilities.
6. Respect for Rule of Law
Independence of judiciary can also be guaranteed where there is unrestricted and unlimited respect for rule of law irrespective of class, sex, ethnic background. religion. race and colour.