KUWAIT CITY, Sept 14: The government’s approval of the bill on granting financial and administrative independence to the judicial authority, which will be presented to the Parliament for voting in the next legislative term, is considered the crowning glory of efforts exerted by the judiciary personnel as the decision was taken at the most appropriate time, reports Al- Jarida daily quoting Chairperson of the Supreme Judicial Council and Head of the Constitutional and Cassation courts Judge Faisal Al- Murshid. In a press statement recently, Al-Murshid pointed out that the much awaited judicial independence was not achieved through the law but the conscience of judicial members who have been advocating for it with the support of HH the Amir Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah. He asserted the Amir has always been supportive of the judicial authority.
On the previous rejection of the bill, Al-Murshid explained the Parliament had two reservations at that time - first was the way the judicial authority will handle its finances but the judiciary affirmed this will be done by commissioning experts in the field.
The second reservation was the probability of putting the judges away from political accountability and the judiciary clarified then that only ministers are questioned politically, but those who have the status of ministers have no political responsibilities, similar to the National Assembly speaker who is not held accountable politically.
He said the idea of judicial accountability is based on principles set by the law, so if a judge violates the law, his immunity is lifted by the Supreme Judicial Council and then he is held accountable. He added the immunity for judges has limits and it is lifted based on the law like that of Parliament members. Al-Murshid stressed the judiciary is ready to implement the bill but there will be a transition period in terms of transferring the administration and financial functions from the Ministry of Justice to the Supreme Judicial Council. After this short period, the whole administration will be transferred to the financial and administration affairs for the judicial authority, he added.