How has the indian constitution insured the independence of the judiciary? Give three provision?
Answers
legisture does not interfere in the work of judiciary'
judiciary'doesn't work under Constitution
Independence of judiciary means that the judiciary should not be under the influence or control of any individual or authority. If the legislature or executive is in a position to influence the judiciary in any way, the judges will not be able to give impartial justice.
(a) Appointment of Judges: The judges of the Supreme Court and the High Courts are appointed by the President of India in consultation with other judges.
(b) Security of Tenure: A judge can remain in office till the age of 65 (in case of the High Court). He can be removed by the President on the ground of "proved misbehavior or incapacity". But the resolution for his impeachment should be passed by both the Houses of the Parliament.
(c) Salaries, etc. are Charged on the Consolidated Fund of India: The salaries are charged on the consolidated fund of India and cannot, therefore, be voted upon by the Parliament.
(d) No Discussion with Respect to the Conduct of any Judge: No discussion shall take place in the Parliament with respect to the conduct of any judge in the discharge of his duties when a motion for his removal is under consideration.