Question

There is no doubt about the fact that the judiciary ensures the rule of law in India. What provisions have been incorporated in the Constitution to ensure that the judiciary can deliver judgements independently and without undue influence?

Answer 1

Instructions:

• Explain the meaning of freedom of Judiciary.
• Explain the provisions in the Constitution that ensures freedom and independence of the Judiciary.

Solution:

Freedom of judiciary means that judges should be free from any external control or undue influence (namely from the legislature and executive branches of the government) so that they can deliver their judgements without any fear.
A free and independent judiciary is necessary to protect the rights of citizens and to keep a check on the mis-use of power by the government.

Provisions that ensure free and independent judiciary

• The Chief Justice of India is appointed by the President after consultation with other judges of the Supreme Court. While the other judges of the Supreme Court are appointed after consultation with the Chief Justice of India.
• Judges of the Supreme Court can only be removed by the President through a motion of impeachment that must be passed by each house of the Parliament with not less than two-third majority.
• The salaries and perks of the judges of the Supreme Court cannot be reduced during their term of office.
• The salaries and allowance of the judges are drawn from the Consolidated Fund of India which is beyond the power of voting of the Parliament.
• The Parliament can increase the powers of the Supreme Court but cannot reduce it.
• The retired judges of Supreme Court are prohibited from pleading or acting in any court or before any authority within the territory of India.
• The Supreme Court is also free to appoint and frame terms and conditions for appointment of its administrative staff.
• The Supreme Court is free to punish people for contempt of court.