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Politicization of Judiciary: Repercussions

One of the vital factors that allow the judiciary to remain legitimate and function properly is protection of its independence and basing on law rather than personal politics. A commitment to judicial ethics and the separation of powers must be made with the implementation of strong accountability mechanisms and transparent ways of carrying out judiciary functions. Only in this case can it perform its important functions in ensuring respect for the rule of law and fair justice.

One more point that should be taken into account is the violation of the principles of the independence of the judiciary, which includes political interventions in judicial work and manipulation of judicial decisions for political benefits instead of fair law application, which has deep effects on the credibility and performance of courts. This fact weakens the core standards and values in relation to fairness and justice and, moreover, is a threat to democracy if people cease to trust in control mechanisms within a democratic system.

On the other hand, if the public begins to see that judges are politically driven in making their rulings, this makes it impossible for impartiality and independence to flourish as the essential characteristics of the rule of law. The justice system plays a critical role in a democratic society by acting as a check against potential abuses by other branches of government such as the executive and legislative arms, ensuring fair application of laws and protection of constitutional rights.

When the judiciary is seen as politically driven, it weakens its power and ability to enforce the law, as well as undermines its authority. In addition, politicization of the judiciary also contributes to a decline in confidence towards the legal system. In this case, there can be a perception that court judgments are prejudiced or unfair if people think that they stem from political motivations rather than being grounded in facts or legal analysis.

This sort of feeling discredits court rulings and lessens the confidence people place in the system of justice, thinking that they do not guarantee fairness. As a result, there might be a lower rate of obeying court orders resulting in possible disorder in society and anarchy in terms of law.

To maintain the integrity and efficiency of the judiciary, it is necessary to ensure its independence and to ensure that judicial decisions are made on well-founded legal grounds rather than political considerations. At the same time, there should be no political interference and extraneous influences in the appointment, promotion and postings of judicial officers, who should not be made scapegoat through various politically controlled agencies during their service tenure and post-retirement. There are also instances of pressure through various agencies on close relatives of the judicial officers who worked independently during while they were in service or after retirement.

At the same time some judicial officers who work judiciously and independently may me made to suffer through making false allegations against them or lodging concocted complaints to thwart their career advancement. In these cases, administrative machinery is subtly used to generate adverse report against them in the garb of secret security and intelligence report.

Ensuring this requires loyalty and honesty in the judicial system, respect for the separation of powers, an effective system of accountability, and transparency in all proceedings. Only by upholding these principles can the judiciary effectively play its critical role as a guardian of the rule of law and guarantor of justice for everyone in society.

In addition, the politicization of the judiciary may have lasting consequences in terms of the integrity of the legal profession. It is not ethical for judges to become biased or to base their rulings on personal beliefs and political affiliations.

Impairment in the competence and autonomy of the judiciary is the result of using political loyalty as the main determinant for judicial appointments and promotions instead of merit. This might dissuade highly competent individuals from venturing into the field of law and cause a decrease in the quality of justice meted out by courts. On another note, making the judiciary become more political can further divide society, leading to lower levels of equality and justice.

The perception that courts have a bias towards some political interests or social groups tends to empower some and marginalize minority and backward communities. This can breed widespread mistrust of the justice system, thus hampering progress toward an equal and fair society for all.

The most important factor to deal with the political influence on the judiciary is ensuring that the court system stays independent and impartial. Implementation of transparent and merit-based judicial appointments, ethical standards for judges, as well as mechanisms allowing tracking biased decisions of judicial officials are steps to be taken in this direction.

To foster greater confidence and trust in the legal system, it is important that the public be educated on how important an independent judiciary is, as well as the principles that underpin the rule of law. It can be seen that the politicization of the judiciary has serious consequences for the legitimacy and efficiency of judicial orders.

The legal system plays a vital role in any democracy because it safeguards the rights of citizens and ensures justice prevails. However, if the independence, fairness, and public confidence towards the system are tampered with, it becomes difficult to exercise these rights. Consequently, it is necessary to maintain an unwavering commitment to the principles of integrity and judicial autonomy so that the courts can effectively play their fundamental duty of dispensing justice and fostering equality in society.

The politicization of the judiciary ultimately results in the court decisions losing their legal authority and practical relevance. With this deliberate interference with the legal system, its independence is shattered, its objectivity is eliminated, and all faith evaporates, eventually leading to the total degeneration of democracy and the rule of law. Thus, it is imperative that we maintain the integrity and autonomy of our justice systems so that they can continue to fulfil their important role in upholding justice and protecting constitutional rights.
  Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565

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