Question

How is the independence and impartiality of the High Court ensured by the Constitution?

Answer 1

Instructions:

• Explain the independence and impartiality of judges.

Solution:
The independence and impartiality of the High Court are ensured in the following ways:

1. Appointment of Judges
   • The Chief Justice of India consults the two most senior judges before making recommendations to the President for the appointment of judges to the High Court.
2. Security of tenure
   • A judge can remain in office till the age of sixty-two years. A judge can also be removed before the retiring age on the grounds of incapacity or proven misbehavior by the President, by an address to each House of the parliament.
3. Salary of judges
   • The salaries and allowances of the judges are not fixed. They are charged on the Consolidated Funds of the states and can only be reduced in times of emergency.
4. No discussion regarding the conduct of the judges.
   • The conduct of the judges is not discussed in the Legislatures of the states or the Parliament.
5. No practice after retirement
   • A retired High Court judge can practice only in the Supreme Court or other High Courts, where he/she has not served as a judge.
6. Contempt of court
   • The High Court can punish a person for disobeying its order for contempt of itself.