So every legal step of the Republic should be according to theconstitution. The Constitution also says that,
very person accused of acriminal offence shall have the right to a speedy and public trial by anindependent and impartial court or tribunal established by law.
It alsoprovides for independence in the subordinate judiciary and demandsindependence of the Supreme Court Judges.
The constitution hasguaranteed the independence of the judges of the Supreme Court in exerciseof their judicial functions by making some provisions in the constitution.
Article 115, Article 133 or Article 136 does not give either the Parliament orthe president to curtail or diminish the independence of the subordinate judiciary by recourse to subordinate legislation or rules.
Article 135 of constitution deals with dismissal, removal or reduction in rank of a personwho holds a civil post. The members of judicial service and magistratesexercising judicial functions are no doubt holding civil posts and publicofficers as they get emolument and render service to the republic.
The concept of judicial independence comprises following four meaning of judicial independence:i.
Substantive Independence: it refers to as functional or decisionalindependence of judges to arrive at their decisions;ii.
Personal Independence: that means judges are not dependent ongovernment in any way in which government may influence upon themin reaching at decisions;iii.
Collective Independence: the meaning of that is institutional,administrative and financial independence of judiciary as a whole andindependence from legislative and executive; andiv.
Internal Independence: that means independence from their superiorsand colleagues
8. Article 35(3) 11. Ibid9. Article 116A, 94(4) 12. Latifur Rahman, J (Para 82)10. Mustafa Kamal, C.J (Para 26) 11. Ibid