Question 3:
What are the different provisions in the Constitution in order to maintain the independence of judiciary?
Answers
ANSWER :
The different provisions in the Constitution in order to maintain the independence of judiciary are :
1.APPOINTMENT OF JUDGES :
The Chief Justice of India is appointed by the president in consultation with such judges of the supreme court and high court as he may deem fit. In the appointment of other judges of the supreme court, the Chief Justice of India must be consulted by the president. The consultation process to be adopted by the Chief Justice requires consultation of for senior most judges of the supreme court.
2. GOOD SALARY :
The judges of supreme court and high court are given and decent salary so that they do not accept illegal gratification to increase their income. The judges of the supreme court are given a monthly salary of ₹ 90,000 and judges of the high court are given a monthly salary of ₹ 80,000. They are also provided with rent free bungalow and are given a pension after retirement so that they may not face any financial difficulty in their old age. The Parliament fixed the salary ,allowances and service condition of the judges. The Parliament can reduce the salary of the future judges but the salaries of the judges who are in service cannot be reduced.
3. LONG AND SECURE TENURE:
The judges are kept in service for a pretty long period. The judges of the supreme court remain in office upto the age of 65 years and judge of the High Court remain in office upto the age of 62 years. They are not retired in young age and gain experiences and knowledge of the profession and perform their duties quite satisfactorily. The tenure of the office is also secured. The executive and the legislature have not been empowered to remove the judges on the minor matters. They can be removed from office only if the Parliament passes a resolution by two third majority in both the Houses to this effect. They can be removed only on a charge of misbehaviour not in capacity. the judges are not in any way under the control of Legislature or the executive. They decide cases without any fear or pressure.
4. LEGAL QUALIFICATIONS :
Legal qualifications have been prescribed to become the judges of the Supreme Court and the State High Courts. Only that person can be appointed as a judge of the Supreme Court Who has either practiced law for 10 years in a High Court or has worked as a judge in some High Court for a period of not less than 5 years. Only that person can be appointed as judge of a State High Court Who has been an advocate of High Court for 10 years standing or who has held judicial post for 10 years.
5. POWERS :
The Judiciary has been given vast powers in India. They can decide a case against the Government of the country. An individual can move the court if he has not got justice at the hands of the Government. in case of fundamental right the citizens can directly go to Supreme Court on the High Court. the supreme court and high court have the power of Judicial review over the actions of the Government. If an executive or a law passed by the legislature violates Fundamental Rights or the provision of the Constitution it can be declared null and void by the supreme court and the state High Court. The Judiciary is free to give a decision even against the Government.
6. INDEPENDENCE OF ACTION :
The Judiciary has been given independence in its actions. No government official or private individual can interfere in the working of the judiciary. When a case is under trial in a court, no individual can express his opinion regarding the case publicly. If a person shows disrespect to the court, court can institute ‘Contempt of Court’ proceeding against that man and can punish him.
CONCLUSION :
The above-mentioned fact clearly indicate that efforts have been made to make judiciary in India independent and impartial. There is no doubt that the Supreme Court and High Courts enjoy independence of action. These courts can function without any fear or outside pressure quite independently and impartially. But the court at the lower level do not enjoy that much independence.
The salaries of judges of the Lower courts are not so much that they may not fall prey to temptation. In the lower courts corruption is the order of the day and the poor people cannot hope to get impartial justice. Need of the hour is to make Judiciary independent at the lower level also. But our government has not given any serious thought to this problem.
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