How is the independence of the judiciary assured not only through the Constitution but also through legislations and public opinion in India?
Answers
Answer:
The judicial independence was secured by the Act of Settlement 1701, which declared the judicial tenure to be during good behaviour, and that upon the address of both the houses of parliament, it would be lawful to remove a judge. This position regarding security of judicial tenure is now secured by statutes.
Explanation:
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The Indian Constitution has ensured the
independence of the judiciary through a number of
measures. The legislature is not involved in the process of
appointment of judges. Thus, it was believed that party
politics would not play a role in the process of
appointments. In order to be appointed as a judge, a
person must have experience as a lawyer and/or must be
well versed in law. Political opinions of the person or his/
her political loyalty should not be the criteria for
appointments to judiciary.
The judges have a fixed tenure. They hold office till
reaching the age of retirement. Only in exceptional cases,
judges may be removed. But otherwise, they have security
of tenure. Security of tenure ensures that judges could
function without fear or favour. The Constitution
prescribes a very difficult procedure for removal of judges.
The Constitution makers believed that a difficult
procedure of removal would provide security of office to
the members of judiciary.
The judiciary is not financially dependent on either
the executive or legislature. The Constitution provides that
the salaries and allowances of the judges are not subjected
to the approval of the legislature. The actions and
decisions of the judges are immune from personal
criticisms. The judiciary has the power to penalise those
who are found guilty of contempt of court. This authority
of the court is seen as an effective protection to the judges
from unfair criticism. Parliament cannot discuss the
conduct of the judges except when the proceeding to
remove a judge is being carried out. This gives the
judiciary independence to adjudicate without fear of being
criticised.