Question

Which are the provisions that preserve the independence of the judiciary?

Answer 1

"The factors that account for the independence of the judiciary are:

• Access to justice

• Appointment of judges

• The efficiency of the judicial process

• Fairness and justice

• Judicial immunity

• Judicial independence

• Judicial review

• Public confidence in the courts

There are many steps that are taken to ensure the independence of Judiciary:

• High Qualifications

• Separation of Judiciary from Legislature and Executives

• Long tenures

• High Salary

• Security of Service

"

Answer 2

Answer:

The provisions that preserve the independence of the judiciary are as follows:

The Constitution lays down the eligibility criteria for the judges. A legal expert or one having served as the High Court judge or an experienced advocate is considered eligible.

Judges are appointed by the President. This helps to avoid any political pressure.

Judges enjoy the security of tenure. They cannot be removed from the post for trivial reasons or for political motives. The retirement age of judges of the Supreme Court is 65 years, while for the High Court it is 62 years.

The salaries of judges are drawn from the Consolidated Fund of India, no discussion takes place in Parliament.

Personal criticism cannot be made on judges for their acts and decisions. Contempt of Court is considered a punishable offense. This not only protects the judges from misguided/ wrongful criticism but also preserves the independence of the judiciary.

The Parliament cannot discuss the decisions of the judges. However, it has the right to remove the judges from their position through the impeachment procedure.