Question

How is Independence of Judiciary secured?

Answer 1

Independence of Judiciary secured:

• Separation from Executive and Legislature: The judiciary in India is independent of the executive and legislature. It functions based on constitutional rules and is not under the control of any other organ of the government.
• Appointment by the President: Judges of the Supreme Court and High Courts are appointed by the President based on recommendations by the Judicial Appointment Commission, which helps ensure fairness.
• High Qualifications for Judges: Only highly qualified individuals with long legal experience can be appointed as judges, which helps maintain the quality and independence of the judiciary.
• Long Tenure: Judges hold office until the age of 65 years, which gives them security and reduces outside pressure.
• Security of Service: Judges cannot be removed easily. They can only be removed through impeachment by Parliament on grounds of proven misbehaviour or incapacity.
• High Salary and Perks: Judges receive good salaries and benefits that cannot be reduced during their term (except during a financial emergency under Article 360).
• No Practice After Retirement: Judges of the Supreme Court are not allowed to practice law after retirement, reducing the chance of bias in decisions.
• Power to Punish for Contempt of Court: Courts can punish individuals or institutions for contempt, which protects their authority and independence.
• Power of Judicial Review: The judiciary can review laws and executive actions and declare them unconstitutional, ensuring checks and balances.