With reference to the Supreme Court of India, explain the following:
Any three ways by which the Constitution ensures the Independence of the Judiciary.
Topic: Independence of the Judiciary
Answer
(1) SECURITY OF TENURE — a judge holds office until the age of retirement (65 for the Supreme Court) and can be removed only by impeachment, for proved misbehaviour or incapacity, through a special majority in both Houses. (2) SALARIES AND ALLOWANCES are fixed by the Constitution and charged on the Consolidated Fund of India, so they are not subject to the vote of Parliament and cannot be varied to a judge’s disadvantage during his term. (3) The CONDUCT of a judge cannot be discussed in Parliament or any State Legislature except during impeachment proceedings; the Court can punish for contempt; and a retired Supreme Court judge may not plead before any court in India, so he cannot look for favours after retirement.
One mark per safeguard. The three strongest are security of tenure, protected salaries, and the bar on discussing a judge’s conduct. The restriction on practice after retirement is the point candidates most often forget, and its purpose is worth stating: a judge who cannot seek work afterwards cannot be influenced by the hope of it. State the principle once: the judiciary must be free of control by the Executive and the Legislature if it is to decide fearlessly.