Independence of the Judiciary Independence of the Judiciary

Independence of the Judiciary

Independence of the Judiciary • WHY IS THE JUDICIARY KEPT INDEPENDENT OF THE CONTROL OF EXECUTIVE AND LEGISLATURE? • Supreme Court administers justice not only between citizen to citizen but also between ‘State’ to a ‘Citizen’ • Both Supreme Court and High Court judges’ independence is essential for the functioning of a democratic Constitution. • An independent Judiciary is said to be the first condition of liberty. • The Supreme Court and the High Court are “guardians of the most precious asset in a democracy, the people’s rights”

Ø Independence of the Judges is ensured through the following conditions: Ø Ø Ø Ø Appointment of Judges Security of Tenure/Service Security of Pay and Allowance No discussion in the Legislature on the Conduct of the Judges Full Control over its Procedure of Work and Establishment Punishment for Contempt of Court Prohibition of Practice after Retirement Free Decisions and decrees

APPOINTMENT OF JUDGES ØPresident consults the Chief Justice of India. ØNeither the Executive(Ministry of Law and Justice) nor the Chief Justice of India acting on his own can have full control over Judges’ appointment. ØNeither political bias nor personal favoritism would play any part in the appointment of judges. ØIt has enhanced the independence of the Judiciary

Security of Tenure/Service ØA Judge can remain in office till the age of 65 years. ØHe can be removed by the President only on the ground of “proved misbehavior or incapacity” on an Address of each House of Parliament.

Security of Pay and Allowance ØJudges Salaries, allowances etc shall not be varied to their disadvantage during their term of office. ØThey are charged on the Consolidated Fund of India and not subject to Vote of Parliament ØThe salaries of the Judges cannot be reduced except during periods of Emergency.

NO DISCUSSION IN THE LEGISLATURE ON THE CONDUCT OF THE JUDGES Ø The Constitution provides that there should be no discussion on the conduct of the Supreme Court judges in the Parliament, except on a motion for an address to the President for the impeachment of a judge. ØThe conduct of a Judge cannot ordinarily be a subjectmatter of discussion inside the legilature.

FULL CONTROL OVER ITS PROCEDURE OD WORK AND ESTABLISHMENT • The Supreme Court and the High Court are free to decide their own procedures of work and their establishment. • The conditions of service of their employees are also determined by the courts. • Thus the Supreme Court and High Court are not likely to be influenced by any outside agency.

Prohibition of Practice after Retirement Ø A retired judge of the Supreme Court cannot plead any case in any court or tribunal in India. ØThis ensures that the judges, while making decisions, would not be unduly influenced by their former colleagues or superiors

PUNISHMENT FOR CONTEMPT OF COURT Ø Genuine criticism on a case is allowed, but nothing should be done to lower the authority or dignity of the Court. ØThe Supreme court has the power to punish for contempt of court.

FREE DECISIONS AND DECREES • The judges are free to announce their decisions and decrees in the court chambers without any danger to their person, property or fame. • Their decisions cannot be criticised in public. • The personal safety of the judge is the duty of the State and ensured at all costs.