Independence of Judiciary and Rule of Law: Myth and Reality

Abstract

Independence of Judiciary and Rule of Law are the back bone of any state. The justice is only possible in the state if judiciary works independently and provide justice speedily. The main objective to select this research was to discuss the literal meaning of Independence and its understanding in the realm of Judiciary and Law. The study also discusses the historical background of judiciary in Pakistan and the conceptual framework of Judicial Independence and rule of law and then a constitutional analysis of Judicial Independence in Pakistan in respect of the Constitution of Pakistan, 1973. Qualitative and primary as well as secondary sources have used for this purpose of study. A critical analysis of reality in terms of judicial independence and the threat of this reality to rule of law. Qualitative research methodology was adopted during the study. The comparative reforms and efforts over the period of time in judicial system for rule of law and lastly the research is concluded with some observations.