Independence of judiciary is must for healthy democracy. Discuss the provisions   to maintain an independent judiciary

Judiciary independence is must to maintain a healthy democracy. It keeps a check on the power of legislature and executive. But in the process the power to check shall not be diluted. our constitution makers and evolving judicial interpretation has helped to maintain the autonomy and independence of judiciary. Following are the provisions to maintain the independence:

  • Removal of judges : Removal of judge is a difficult process. Special majority is required for a motion of removal. In post independence history, no judge has been removed. Hence judges enjoy security of tenure. They can pass judgements without taking pressure.
  • Salary of the judges is a charged expenditure on consolidated fund of India. It cannot be alter to the disadvantage during the tenure. Salaries and allowances are not subjected to the approval of the judges.
  • Legislature is not involved in the appointment of the judges. Political opinions of the person is not the criteria for the appointment of the judges.
  • Judiciary has the power to punish in case of contempt of court. The action and decisions of the judges are immune from personal criticism.
  • Parliament cannot discuss the conduct of judges during parliamentary proceedings except when motion of the removal of judge is going on.

All above provisions has helped Indian judiciary to evolve without any suppression or    curtailment of power.

 

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