Write a note on the independence of the Judiciary.
In order to ensure independence of judicial system in India, the following steps have been taken so that the judicial officers are not under pressure in discharging their duties.
The Constitution has made it obligatory on the part of the President to consult the Chief Justice of India in appointing a judge of Supreme Court. This not only makes the appointment non-political but also saves judiciary from the influence of the executive (the; council of ministers).
A judge of the Supreme Court cannot be removed from office by the President his will, but on a motion passed by a two-thirds majority of the total membership of either house addressed to him. Thus, the legislative control over the executive ensures judicial independence.
A judge of the Supreme Court, though appointed by the President on the advice of the council of ministers, does not hold office during the pleasure of the President, but based on good behaviour. He can be removed only on charges of proven misbehavior or incapacity by a motion addressed to the President by the Parliament.
The salaries and allowances of the judges of the Supreme Court are determined by a law of parliament and is not subject to discussion. The salary and allowances of the judges cannot be reduced or varied to his disadvantage during his term of office. This means that he will not be in any way affected by any law made by the parliament since the day of his appointment.
The administrative expenses of the Supreme court, the salaries, and allowances of the judges and staff is charged on the Consolidated Fund of India (CFI), a corpus fund of Rs. 50 crore which may be enhanced from time to time, and it can not be voted in parliament.
Discussion of the conduct of the judges of the Supreme Court is not allowed in parliament except during the removal of a judge. This gives immunity from criticism.
A judge of the Supreme Court is not permitted to practice in any court in India after retirement. This prevents him from falling prey to temptations. To boost accountability in the judicial system, the Central Information Commission (CIC) has brought the office of the Chief Justice under the purview of the Right to Information Act (RTI).
