How has the Indian constitution ensure the independence of the judiciary?
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Judicial independence play an important role in maintaining the democratic set-up of any country. An impartial and independent judicial system alone can protect the rights of the citizens against the arbitrary powers of the executive or legislature. Freedom from the influence and control of the executive is of crucial importance. It is important for individual freedom that the judges give their verdict without fear or favor. It refers to an environment where the judge can pass impartial judgment.
Every democratic country adopts various means to ensure freedom of the judiciary and thereby to ensure individual freedom. The U.S.A. has adopted system of separation of powers to ensure independence of the judiciary. But in constitutional systems based on the concept of Parliamentary sovereignty, the adoption of separation of powers is ruled out. This is the case in England. This is also partly the case in India, for in India, the doctrines of Parliamentary and constitutional sovereignty are blended together.
Every democratic country adopts various means to ensure freedom of the judiciary and thereby to ensure individual freedom. The U.S.A. has adopted system of separation of powers to ensure independence of the judiciary. But in constitutional systems based on the concept of Parliamentary sovereignty, the adoption of separation of powers is ruled out. This is the case in England. This is also partly the case in India, for in India, the doctrines of Parliamentary and constitutional sovereignty are blended together.
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Some of the steps taken to ensure independence of judiciary are as follows:
1. Separation of Judiciary from the Executive and Legislature:
Judiciary in India is neither a branch of the executive nor a hand-maid of the legislature. It has an independent identity under the Constitution. It enjoys full autonomy in its working.
2. Appointment of Judges by the President:
The method of appointment of judges has been very sound. The Judges of the Supreme Court and High Courts are appointed by the President. While appointing other judges the Supreme Court, the President consults the Chief Justice of India. In case of the appointment of the Chief Justice, the practice of appointing the senior most judges to this high office is followed. In the case of subordinate courts, the Judges are recruited through competitive examinations.
3. High Qualifications:
The Constitution prescribes specific and high qualifications for the Judges. A person eligible for judgeship has to be an Indian citizen, must have experience as a Judge of a High Court for at least five years or as an advocate of High Court for at least ten years or be a distinguished jurist. Thus, only persons with high qualifications and experience are appointed as judges of the courts.
4. Long Tenure:
Judges of Supreme Court remain in office till they attain the age of 65 years. This age limit ensures a long tenure for the Judges.
5. Security of Service:
The Judges in India enjoy good security of service. No judge can be removed from the office except by a very difficult process of impeachment.
6. High Salary:
Every Judge of the Supreme Court gets a high salary. Besides this, each judge is entitled to free residential accommodation, medical allowance and several other perks. Salaries and allowances of judges cannot be reduced during their terms of office, except in the situation of a financial emergency in the country.
7. Prohibition of Practice after Retirement:
A Judge of the Supreme Court is prohibited to practice before any court or authority in India.
1. Separation of Judiciary from the Executive and Legislature:
Judiciary in India is neither a branch of the executive nor a hand-maid of the legislature. It has an independent identity under the Constitution. It enjoys full autonomy in its working.
2. Appointment of Judges by the President:
The method of appointment of judges has been very sound. The Judges of the Supreme Court and High Courts are appointed by the President. While appointing other judges the Supreme Court, the President consults the Chief Justice of India. In case of the appointment of the Chief Justice, the practice of appointing the senior most judges to this high office is followed. In the case of subordinate courts, the Judges are recruited through competitive examinations.
3. High Qualifications:
The Constitution prescribes specific and high qualifications for the Judges. A person eligible for judgeship has to be an Indian citizen, must have experience as a Judge of a High Court for at least five years or as an advocate of High Court for at least ten years or be a distinguished jurist. Thus, only persons with high qualifications and experience are appointed as judges of the courts.
4. Long Tenure:
Judges of Supreme Court remain in office till they attain the age of 65 years. This age limit ensures a long tenure for the Judges.
5. Security of Service:
The Judges in India enjoy good security of service. No judge can be removed from the office except by a very difficult process of impeachment.
6. High Salary:
Every Judge of the Supreme Court gets a high salary. Besides this, each judge is entitled to free residential accommodation, medical allowance and several other perks. Salaries and allowances of judges cannot be reduced during their terms of office, except in the situation of a financial emergency in the country.
7. Prohibition of Practice after Retirement:
A Judge of the Supreme Court is prohibited to practice before any court or authority in India.
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