Separation of judiciary from executive

Article 50 — Separation of judiciary from executive

to separate the judiciary from the executive in the public services of the State.

Plain English Summary

This article aims to keep the courts (judiciary) separate from the government departments that implement laws (executive). The goal is to ensure that those who make the rules are not also the ones who decide on those rules, which helps maintain fairness and independence in justice delivery.

Key Points

Separation of Functions: It mandates a clear division between the branch responsible for making and enforcing laws (Executive) and the branch responsible for interpreting laws and delivering justice (Judiciary).
Independence: The judiciary must be free from the influence or control of the executive branch.
Public Services: This separation applies specifically to public services run by the State.

Why It Matters

This separation is crucial because it ensures that judges can make impartial decisions without fear or favour from the government, thereby safeguarding the rule of law and protecting individual rights.

Landmark Judgements

No major landmark judgements.