Possibilities of parliamentary oversight of independent judiciary with a focus on the sub judice doctrine

Abstract

In functional democracies, the existence of an efficient system of mutual checks and balances and respect for the rule of law are crucial to ensure the appropriate balance between the three pillars of power: the judicial, executive, and legislative branches. The concept of parliamentary oversight also arises from the broader principles of democracy and the rule of law, as well as the principle of the separation of powers. Parliamentary oversight is a fundamental component of the system of checks and balances that aims to ensure justice and the rule of law in democratic societies. The primary purpose of all courts is to provide fair justice to all citizens. Thus, there is a need to ensure that only one court handles a particular matter at a time in accordance with respecting the sub judice doctrine. Recently, this doctrine has become more significant as it plays a vital role in the proper functioning of the judiciary machinery in the country. Sub judice essentially means "a matter that is still under consideration by the court" or an ongoing lawsuit. The principle also represents a guarantee of judicial independence as well as a framework for achieving effective parliamentary oversight and balance.

Keywords

• sub judice
• rule of law
• independence
• accountability of judicial authority
• parliamentary oversight