Question

How does the constitution ensure independence of the judiciary

Answer 1

The Judiciary is independent because:

1. The judges get salary from the Consolidated Fund of India, so the salary cannot be reduced by the Parliament to their disadvantage.

2. Criticism of a judgement is allowed, but no MP is allowed to talk about the conduct of a judge in the Parliament.

3. Security of tenure: The Supreme Court Judges and High Court Judges can continue office till they attain 65 years and 62 years respectively. (Unless removed by the President on grounds of PROVED incapacity or misbehaviours).

4. The Court may punish any person for its Contempt....means if you talk ill of the court, you will be punished.

5. The Supreme Court judge cannot practice any further after retirement.

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Answer 2

The constitution ensure independence of the judiciary.

1. The 'legislature and the executive' must not obstruct the ways of the judiciary in a manner that unable judiciary to take a just decision.

2. The other organs of the government must not interfere with the decision of the judiciary.

3. The judges must be able to 'perform their duties 'freely and fairly'.

• Since it is part of the democratic political structure, Judiciary is responsible for the constitution of India and to the people of the nation. Judiciary must work according to the laws of the constitution.
• Any kind of incapacity and misbehavior of the judges leads to the removal of the judges. The judges have to provide the grounds on which they took certain decisions.