Question

How Judiciary should be made independent from possible executive interferences?

Answer 1

To ensure justice and uphold constitutional values, the Judiciary must be protected from executive influence. Here are key measures to secure judicial independence:

1. Independent Appointment Process: Appointments of judges should be made through a transparent and autonomous body, like the Judicial Appointments Commission, to reduce executive control.
2. Security of Tenure: Judges must enjoy fixed tenure and can only be removed by a constitutional procedure (impeachment), ensuring they are not under political pressure.
3. Financial Independence: Judges’ salaries, pensions, and allowances should be charged to the Consolidated Fund of India, not subject to executive approval or manipulation.
4. Ban on Post-Retirement Jobs: Judges should not accept executive-appointed positions after retirement, which can influence their decisions while in office.
5. Free Judicial Functioning: Courts must be allowed to function without interference in their procedures, rulings, and administration.
6. Respect for Judicial Decisions: The Executive must implement court rulings without delay and avoid criticising or undermining judicial authority.

By enforcing these measures, the Judiciary can remain impartial, strong, and fully independent, safeguarding democracy and the rights of all citizens.