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Exercises · Q3

Q.What are the different provisions in the constitution in order to maintain the independence of judiciary?

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✓ Free question

The Constitution protects judicial independence through five main devices: keeping the legislature out of appointments, security of tenure, a deliberately difficult removal procedure, financial independence, and immunity of judges from personal criticism through the contempt-of-court power.

Each device closes off a different way the executive or legislature could otherwise pressure a judge:

  1. Appointment kept outside ordinary politics. The legislature plays no role in appointing judges, so that political loyalty and party opinion are not the test for who becomes a judge — a person needs legal experience or expertise instead.
  2. Security of tenure. Judges hold office until the retirement age and can be removed only in exceptional cases, so a judge does not have to worry about losing the job over an unpopular ruling.
  3. A deliberately difficult removal procedure. A judge can be removed only for proven misbehaviour or incapacity, and only through a motion carrying a special majority in both Houses of Parliament — a threshold so high that, in the one case it was ever tested (Justice V. Ramaswami, 1991-92), the motion still failed despite a guilty finding by an inquiry commission.
  4. Financial independence. Judicial salaries and allowances are not subject to a legislative vote, so the purse strings cannot be used as leverage.
  5. Immunity from personal criticism, backed by the power to punish contempt of court, and the further rule that a judge's conduct cannot even be discussed in Parliament except during a formal removal proceeding.
✓Final answer

Five main provisions: (1) the legislature is excluded from judicial appointments; (2) judges have security of tenure until retirement; (3) removal is possible only for proven misbehaviour or incapacity, via a special-majority motion in both Houses of Parliament; (4) judicial salaries are not subject to legislative approval; and (5) judges are shielded from personal criticism through the contempt-of-court power, and their conduct cannot be discussed in Parliament except during removal proceedings.

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