Mention any three ways in which the Constitution ensures the independence of the Judiciary.

(1) Security of tenure — a judge holds office till the age of retirement and can be removed only by impeachment, on the ground of proved misbehaviour or incapacity, through a resolution passed by 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 except during impeachment proceedings; the Court has power to punish for contempt; and a retired judge of the Supreme Court is forbidden to 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 a good fourth point and one candidates often forget — its purpose is to ensure a judge cannot be influenced by the hope of future work. The underlying principle to state in one line: the judiciary must be free of control by the Executive and the Legislature if it is to decide fearlessly.