Question

Explain any six steps that should be taken to ensure the independence of the judiciary.

Answer 1

Six steps that should be taken to ensure the independence of the judiciary:

• Sound Method of Appointment of Judges: Judicial appointments should be transparent and free from political influence. This can be ensured by involving multiple authorities, such as executive nomination with legislative ratification or through an independent Judicial Appointment Commission, to uphold merit and integrity in selection.
• High Qualifications – Legal Knowledge and Experience in the Legal Profession (Lawyer or Bar): Only individuals with strong legal backgrounds, significant experience at the bar, and proven integrity should be appointed. This ensures that only competent and upright individuals hold judicial positions.
• Long and Stable Tenure: Judges must enjoy a long, secure tenure to make decisions without fear of losing their position. In the USA, judges serve for life under good behaviour; in India, the retirement age is 65 for Supreme Court judges. A secure tenure discourages corruption and external pressure.
• Difficult Method for the Removal of Judges: Judges should only be removed for proven charges of corruption or incapacity, and this should involve a complex, multi-step process requiring approval from several institutions. This protects judges from arbitrary dismissal and political retaliation.
• High Salary and Healthy Service Conditions: Judges should receive good salaries and benefits to maintain their dignity and deter corruption. Their service conditions, including perks and non-arbitrary transfers, must be safeguarded from executive manipulation.
• No Practice or Service after Retirement: Judges should be barred from practicing law or holding political/executive posts after retirement. This prevents potential conflicts of interest and ensures impartiality in their judgements during service.