"Constitutionally guaranteed judicial independence is a prerequisite of democracy”. Comment.

Judicial independence is indeed a prerequisite of democracy, as it ensures that the judiciary can perform its duties free from influence or interference from the other branches of government or from private or partisan interests. Here are the steps to understand why:

1. Separation of Powers: In a democratic system, the separation of powers is a key principle. This means that the legislative, executive, and judicial branches of government are distinct, with each having its own responsibilities. This prevents the abuse of power. If the judiciary is not independent, it could be influenced by the legislative or executive branch, undermining this principle.

2. Rule of Law: Judicial independence is crucial to uphold the rule of law. Judges need to be able to make decisions based on what the law says, not on what a particular political party or influential individual wants. This ensures that all individuals are subject to the law and that the law is applied equally to all.

3. Protection of Rights: An independent judiciary is necessary to protect individual rights and freedoms. If a judge is under pressure from the government or other sources, they may not be able to uphold these rights and freedoms.

4. Checks and Balances: An independent judiciary provides a check on the other branches of government. It can review laws and executive actions to ensure they are constitutional. Without judicial independence, this check would not be effective.

5. Public Confidence: Judicial independence helps to maintain public confidence in the justice system. People need to know that judges are impartial and are making decisions based on the law, not on outside influences.

In conclusion, constitutionally guaranteed judicial independence is not just a prerequisite of democracy, but it is also essential for the protection of individual rights, the rule of law, and public confidence in the justice system.