Independence of Judiciary under Indian Constitution

How is the independence of judiciary maintained in India?

Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

The constitution has made the following provisions to ensure independence of judiciary.

1.    Security of Tenure: - The judges of the Supreme Court have security of tenure and they cannot remove from office except by an order of the President by adopting the set procedure laid down in the constitution.

2.    Salary of Judges fixed not subject to vote of Legislature: - The salary and allowances of the judges of the Supreme Court are fixed by the constitution and being paid from Consolidated Fund of India. Salary cannot be altered.

3.    Parliament can extend but cannot curtain the jurisdiction and power of the Supreme Court:- To work more effectively the Parliament may enhance the jurisdiction of the Supreme Court in civil cases, here the point to be noted that in all the provisions the Parliament an exceed, but cannot curtail the jurisdiction and power of the Supreme Court under article 138.

4.    No discussion in Legislature on the conduct of Judges:- Neither in Parliament not in a State Legislature a discussion can take place with respect to the conduct of a judge of the Supreme Court in discharge of his duties under article121.

5.    Power to punish for its contempt:- The supreme Court and the High Court have the power to punish any person for its contempt under article 129 and 215, this power is very essential for maintaining the impartiality and independence of the Judiciary.

6.    Separation of judiciary from executive:- States have been directed by the constitution through article 50 to take steps to separate the judiciary from the executive in the interest of public service of the State.

7.    Judges of the Supreme Court are appointed by the Executive with the consultation of Legal experts:-Executive cannot appoint the Judges without the consultation of the Judges of the Supreme Court as provided in Art. 124(2).

8.    Prohibition on practice after retirement:- Under article 124(7) of the constitution a retired Judge of the supreme Court is prohibited to appear and plead in any court or before any authority within the territory of India.

Answered on 28 Sep 2018

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