Judiciary
What are the different provisions in the Constitution in order to maintain the independence of judiciary?
Or
What are the provisions on the Indian Constitution that ensure the Independence of Judiciary in India?
I. Meaning of Independence of Judiciary: The independence of judiciary means that the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary is such a way that it is unable to do justice. It also means that the judges are able to perform their functions without fear or favour and the other organs of the government should no interfere with the decision of the judiciary.
II. Provisions: The Indian Constitution seeks to achieve the independence of judiciary through a number of measures described in its provisions such as:
1. Appointment of Judges: To avoid the consideration of party politics, the legislature has no say in the appointment of judges.
2. Fixed Tenure: The judges have a fixed tenure. They hold office till they reach the age of retirement. Only in exceptional cases the judges may be removed. The constitution prescribes a very difficult procedure for the removal of judges.
3. Financial Independence: The judiciary is not financially dependent on the other organs of the government – legislature and executive. The constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature.
4. Immunity from Criticism: The action and decisions of the judges are immune from the personal criticisms.
5. Contempt of court: The judiciary has power to penalize those who are found guilty of the contempt of court.
6. No Discussion of the conduct of Judges in Parliament: The constitution specifically bars the Parliament from discussing the conduct of the judges except. When inpeachment proceedings are being carried out.
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Describe the composition of the Supreme Court of India.
Describe the composition of a High Court in a state.
Briefly describe the powers of a High Court.
Write a short note on High Court’s power of Judicial Review.
What are the different ways in which the independence of the judiciary is ensured? Choose the odd ones out.
Describe the procedure of removing a judge of High Court provided in the Constitution.
Does independence of the judiciary mean that the judiciary is not accountable to any one? Write your answer in not more than 100 words.
Mention the age of retirement of a Judge of High Court.
What do you understand by PIL or Public Interest Litigation?
Write a short note on Lok Adalat.
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