Paragraph on the Independence of Judiciary in India

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The Constitution of India has made provision to ensure the independence of judiciary and to keep judges away from political and other influences. The judges are appointed by the executive on the basis of the prescribed qualification and legal competence. They cannot be removed from their office at the whims of the executive. Judges are appointed for a fixed period. They do not function under the fear of losing office. No discussion on the conduct of a judge in the discharge of his official duties can take place in Parliament or state legislature unless the proposal to remove him from the office is brought before the House. Their salaries and other allowances cannot be voted by Parliament or the state legislature. The objective is to ensure that their behavior and functioning does not come under criticism. The salaries and allowances cannot be changed or reduced to their disadvantages unless these are a declaration of emergency which the President of India is empowered to do so.

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