INTERNATIONAL MEASURES ON INDEPENDENCE AND APPOINTMENT OF JUDGES

ANITA VERMA

ANITA VERMA, ASSISTANT PROFESSOR AT LR GROUP OF INSTITUTION SOLAN H.P

Abstract

              Independence of the judiciary is essential condition for success of Indian democracy. Judicial independence in fact is one of the central components of our democracy. The importance of independence of judiciary is recognized in India since it is the key factor to maintain rule of law and back constitutional mandate. All developed and underdeveloped countries has realized and accepted the importance of independence of the judiciary A neutral mind judges can contribute immensely in pro- citizen and need based interpretation of constitutional and legislative provisions. Judicial independence is required to preserve basic values on which our legal system is based. The fundamental values such as rule of law, universal brotherhood, socialism, democratic republic, sovereignty and integrity of India, all can be defended and preserved via judicial independence. In addition, the impartial judiciary is accountable for the protection of fundamental human rights of all, irrespective of any distinction of race, religion, caste, sex and place of birth, etc. Without independent judiciary, citizens won’t be able to enjoy their basic rights for which they are entitled.

        The main aim of the research paper to know more about the appointment of judges at international level, international conventions, declarations, procedures, principles, treaties and laws are replete with provisions requiring independence of the judiciary for the dispensation of justice. United Nations from its very inception has emphasized on the need of impartial and neutral judiciary. The international concern for fair and neutral tribunal found expression in several provisions of general international and regional human rights instruments.

Keywords: Judiciary, Appointment, International, Independence, Importance