Editor in Chief: Moh. Reza Huwaida Friday, May 3rd, 2024

The Need for Effective Judiciary

No state in the world can maintain its integrity and order if it does not possess and guard justice. Justice is the requirement to maintain law and order and reduce crimes from a society. If a state fails to establish strong institutions that can practice and provide justice, it is bound to be filled with instability and corruption. Therefore, the states and the governments have the organ of judiciary.

This organ makes sure that justice is done and people are not deprived of their due rights, while the criminals are punished appropriately. In fact, throughout most part of history, the states have this organ in some form or others. Today, in modern states of the world, they are well-established through the network of courts and judges and law enforcing agencies.

The judiciary is a coequal branch of government. It is the only branch that is supposed to be totally impartial and hence apolitical. The judiciary forms a system of courts which interprets the law in the name of the sovereign or state.

It also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary can never make or enforce law, that being the realm of the legislative and executive branches respectively, but rather, if there is a dispute, it interprets and applies the law to the facts of each case.

An effective judiciary protects the citizens if their elected representatives in the legislature choose to undertake such actions that violate constitutional rights of anyone in the society. Legislature also has to realize that it cannot exert influence over the workings of the court and selection of its personnel since it is a party to many disputes between citizens and their representatives that the judiciary has to resolve.

The involvement of other branches of government in workings of the court should be as limited as is possible. In instances where any rule is deemed unsuitable also delineates the process of amending the constitution.

Countries like Afghanistan need to improve their judicial systems so as to strengthen the nurturing democracy in the country. Moreover, it would be also helpful in keeping the actions of members of other organs of the government in check. It is very likely that they, without such accountability, may use their authorities recklessly. In fact, the overall process of strengthening the judiciary in the country would benefit the common people of Afghanistan, who require justice to a large extent.