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Question

The independence of the Judiciary is necessary in a federal democratic set-up. In this context, describe the part played by the following:
(a) Security of Tenure of Office.
(b) Security of Salary and Allowances of the Judges.
(c) Power to punish for Contempt of itself.

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Solution

The constitution has made the following provisions to ensure the independence of the judiciary.
a. Security of Tenure: The judges of the Supreme Court enjoy the security of tenure and they cannot be removed from office except by an order of the President by following the procedure laid down in the Constitution.
b. Salary of Judges fixed not subject to vote of Legislature: The Constitution has fixed the salary and allowances of the judges of the Supreme Court and these are paid from Consolidated Fund of India. These salary and allowances are not subject to alterations. altered.
c. Power to punish for its contempt: The Supreme Court and the High Court have been vested with the power to punish any person for its contempt under Article 129 and Article 215 of the Constitution. This power is indispensable for maintaining the impartiality and independence of the Judiciary.

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