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Question

What are the different provisions in the Constitution in order to maintain the independence of judiciary?

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Solution

The different provisions in the constitution in order to maintain the independence of judiciary are:

  • The conduct of the judges cannot be discussed in the parliament.

  • The legislature is not involved in the process of appointment of judges.

  • The judges have fixed tenure that ensures that they can work fearlessly. They can be removed only in exceptional cases.

  • The removal of judges of the Supreme Court and the High Courts is extremely difficult.

  • The approval of the legislature is not required for salaries and allowances of the judges.

  • The authority of the judges protects them from any unfair criticism and the judiciary can penalise those who are guilty of contempt of court.

  • The instructions of the judiciary have to be followed by the legislature and executive of the country.


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