Question

How independence of Judiciary has been secured in India?

Answer 1

• The independence of the judiciary in India has been secured through a range of constitutional provisions and conventions designed to maintain its impartiality and authority.
• Judges of the Supreme Court and High Courts enjoy security of tenure, as they can only be removed through a complex process of impeachment for proven misbehavior or incapacity.
• Their service conditions, including salaries and allowances, are charged on the Consolidated Fund of India, protecting them from executive interference.
• Moreover, judges are restricted from practicing law after retirement, minimizing external influences. The judiciary also exercises the power of judicial review, allowing it to strike down unconstitutional laws and acts of the executive.
• The collegium system of appointment, though debated, aims to reduce political involvement in the selection of judges.
• Additionally, the judiciary’s power to punish for contempt helps preserve its authority and ensure compliance with its rulings. Together, these safeguards establish the judiciary in India as an independent and vital pillar of democracy.