Question

❤ QUESTION ❤

→ What do you mean by Independence of judiciary? What provisions have been made in the Constitution of India to make the judiciary independent?​

Answer 1

Answer:

Independence of judiciary means that none other organ of govt. Can interfere in the work of judiciary.

Provisions :

1. Separation of Judiciary from the Executive and Legislature

2. Appointment of Judges by the President

3. 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.

Answer 2

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$\huge\bold\pink{Answer:-}$

⏩ By independence of Judiciary– we mean that the judiciary should not be under the control of influence of any individual or authority. If the executive or the legislature is in position to influence the judiciary, the judges will not be able to deliver an independent and impartial justice.

⏩In Indian Constitution, the following provisions have been made to keep the judges of Supreme Court and High Courts independent:-

☞ Method of appointment of judges- In India, the judges of the Supreme Court and High Courts are appointed by the President in conclusion with the Chief Justice of India and other judges.

☞ Methods of removal- A judge of Supreme Court or High Court can be removed by the President only when a resolution of impeachment had been passed against him by both the Houses of Parliamy by a two-third majority in each House.

☞ Good Salary- The judges of Supreme Court and High Courts get well paid. The Chief Justice of the Supreme Court gets rupees 33,000 per month and other judges get rupees 30,000 per month as salary. [Note- It is proposed to increase their salaries to lakhs and ninety thousand respectively.] Moreover, their salaries cannot be reduced except during financial emergency.

☞ Long tenure- The judges of Supreme Court and High Courts remain in office till they reach the age of 65 and 62 respectively. Before that they can be removed only by impeachment.

☞ High qualifications- Very high qualifications have been laid down by the Constitution for appointment as judges of Supreme Court and High Courts. A person can be appointed as a judge of the Supreme Court only if he/she besides being a citizen of India, has been a judge of the High Court for at least 5 years or an advocate of High Court for at least 10 years.

☞ Separation of judiciary from the legislature as well as the executive- In India, the judiciary has been separated from the legislature and the executive. Neither the legislature nor the executive are in a position to pressurize the Judges for deciding a case in particular way.

Thus, the Constitution of India contains several provisions to make the Judiciary independent and impartial.

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