The concept of judicial independence, deeply rooted in every civilised society, covers both the independence of the individual judge and the collective independence of the entire institution.

In order for Malaysian courts to discharge their critical duty of interpreting the Federal Constitution, resolving disputes impartially and passing judgments that will be accepted by the litigants and society generally, judges must be independent and free from any external control, pressure or influence, and perhaps more importantly, perceived as independent and impartial.

This is particularly so, when one of the parties to the litigation is the executive branch of government or one of its agencies

Ultimately, whether the judiciary in any nation is regarded as independent will not only depend on its constitution and its legal system, but to a larger measure on the personality and character of the persons who hold judicial office.