How is the independence of the judiciary protected?

The Indian Constitution has ensured the independence of the judiciary through a number of measures. 

  • The legislature is not involved in the process of appointment of judges. Thus, it was believed that party politics would not play a role in the process of appointments.
  • In order to be appointed as a judge, a person must have experience as a lawyer and/or must be well versed in the law. Political opinions of the person or his/her political loyalty are not the criteria for appointments to the judiciary.
  • The judges have a fixed tenure. They hold office till reaching the age of retirement.
  • The Judges have the security of tenure. Security of tenure ensures that judges could function without fear or favour.
  • The Constitution prescribes a very difficult procedure for the removal of judges. 
  • The judiciary is not financially dependent on either the executive or legislature. The Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature. 
  • The judiciary has the power to penalise those who are found guilty of contempt of court.
  • Parliament cannot discuss the conduct of the judges except when the proceeding to remove a judge is being carried out. This gives the judiciary independence to adjudicate without fear of being criticised.

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