Essay on the Independence of the Indian Judiciary

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The constitution has made due provisions for ensuring the independence and impartiality of the Supreme Court and to place it beyond executive or legislative interference or influence.

In this context following provisions are very important.

(1) Judges are appointed by the president of India. The president shall in this matter consult such judges of the Supreme Court and High Courts as he may deem necessary.

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(2) The elimination of politics is the appointment of judges is further achieved by prescribed high minimum qualifications in the constitution itself.

(3) The constitution provides high retiring age for the judges. Once apprinted, they can hold office until they complete the age of 65 years.

(4) Once apprinted the judges cannot be removed except through a very difficult process. The only grounds upon which such removal may take place are: (i) proved mis-behaviour, and (ii) incapacity.

(5) Besides, the salaries of the judges and the administrative expenses of the Supreme Court are charged on the consolidated fund of India and are not subject to the vote of parliament.

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(6) The independence of the court is further safe guarded by the provision that the actions and decisions of the judges in their official capacity are immune from criticism in the sense that no motive may be uniputed to them. Even parliament cannot discuss the conduct of a judge except when a resolution for his removal is being considered.

(7) Finally, the Supreme Court has its own establishment over which it has complete control. The court determines the terms of service of its officers and servants and appointments are made by the chief justice.

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