Question

How independence of Judiciary has been secured in the USA?

Answer 1

The independence of the judiciary in the USA is secured through several constitutional provisions and institutional practices.

• Firstly, the doctrine of separation of powers ensures that the judiciary functions as an autonomous and co-equal branch, free from the control of the executive and legislature.
• Judges of the federal courts, including the Supreme Court, are appointed by the President with Senate confirmation and enjoy life tenure, subject only to removal through a difficult process of impeachment for serious misconduct. This provides insulation from political and public pressures.
• Moreover, judges receive high salaries that are constitutionally protected from reduction during their term, further securing their financial independence.
• The judiciary also exercises the power of judicial review, established in Marbury v. Madison, allowing it to nullify laws and executive actions that are unconstitutional.
• These mechanisms collectively uphold the independence, integrity, and impartiality of the American judicial system.