Quest for Democratisation of Judicial System

The suppression of power was done to check the arbitrariness of the executive legislative and judiciary. The democratization of democracy can only be possible when there is no interference in these processes. Today, there has been a remarkable achievement of equality, liberty, and fraternity through constitutionalism. This was possible only when Judiciary is independent. To enhance the belief in institutions of judiciary, more pragmatic and decentralized approach is needed. This will enhance the faith and trust in judicial institutions. Through democratization of judiciary, constitutional democracy and republic will achieve the aims and objectives of our constitution. Montesquieu's Spirit of Laws advocates separation of powers were political authority of the state is divided into legislative, executive and judicial powers. The separation was done to preserve liberty and, as the institutional requirement of a representative democracy. Hence, Judiciary checks arbitrariness of the Executive and Legislature and is the custodian of the constitution. To ensure its independence elaborate provisions have been made in the constitution under Article 124, 217, 233, 234 and 235. Moreover, the democratisation in actual sence can only be possible when there is no interference in the processes of judiciary, i.e., from appointments of judges to pronouncement of the verdicts. Today there has been a remarkable achievement of liberty, equality and fraternity through constitutionalism. This is possible only when our judiciary is independent.