How is independence of judiciary implemented?
Answers
Explanation:
The independence of the Judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of judiciary. ... Such external support would rarely strengthen the core of the Institution.
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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.
8. Power to Punish the Contempt of Court:
Courts in India have been given the power to punish all cases involving a contempt of court. The Supreme Court can punish any institution or person who is found guilty of contempt of court.
9. Vast Jurisdiction and the Power of Judicial Review:
Judiciary in India enjoys a vast jurisdiction. It acts as the guardian interpreter of the Constitution, the protector of Fundamental Rights of the people and the arbiter of disputes between the Union and the States. It has the power to determine the constitutional validity of every law.
It can reject any law in case it is found to be against the Constitution of India. Indian Judiciary is in no way subordinate to the other two organs of the government. Its decisions bind all. Such a powerful position helps the judiciary to maintain its independence. Thus the Constitution of India incorporates all such features as are considered essential for the preservation of independence of Judiciary.