Model Question and Answers for APSC | How is the independence of the Indian Judiciary protected? (APSC 2011)
Ans : Judicial independence ensures public confidence as an institute of the last resort where justice will be served despite any opposition and Influence.
People place high credibility and trust in the judiciary to get justice in case of any kind of misconduct by the executive. The latter clause and confidence will be meaningless if executive interference is allowed into the process of judicial proceedings as well as judicial bias over the executive.
Protection of the independence of the Indian Judiciary
1. India has a written Constitution, the independence of the judiciary is mentioned in writing, hence, making this concept even more important.
2. The independence of the judiciary starts with the appointment of the judges in the courts. Article 124 to Article 147 deal with the appointment of the Supreme Court judges and, Article 214 to Article 231 deal with the appointment of judges in the High Courts.
3. Appointments are based on collegium system independent of any influence of executive and legislature
4. Salaries of supreme court and high court judges are charged on the Consolidated fund of India thus can not be adversely affected by executive or legislature.
5. They cannot be removed from the office except by an order of the President and that too on the ground of proven misbehaviour and incapacity.
6. Parliament can only add to the powers and jurisdiction of the Supreme Court but cannot curtail them.
7. Both the Supreme Court and the High Court have the power to punish any person for their contempt.
8. Article 50 contains one of the Directive Principles of State Policy and lies down that the state shall take steps to separate the judiciary from the executive in the public services of the state.