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What are the constitutional safeguards to ensure the independence of the judiciary in India? Discuss with reference to appointment, tenure, and removal of judges

Posted by jobseeker kashvi | Approved
Answers (2)

1. Appointment of Judges
Articles 124 and 217 deal with the appointment of judges to the Supreme Court and High Courts
respectively.

Though the Constitution originally vested this power in the President in consultation with the Chief Justice,
the Collegium System, established through judgments like Second Judges Case (1993) and Third Judges
Case (1998), gives primacy to the judiciary in judicial appointments, reducing executive influence.

2. Security of Tenure
Judges of the Supreme Court and High Courts hold office until the age of 65 and 62, respectively.
They cannot be removed arbitrarily by the executive; they serve during "good behaviour," not at the
pleasure of the President.

3. Removal Procedure
As per Article 124(4), a judge can only be removed by the President, based on a majority vote in both
Houses of Parliament on grounds of proven misbehaviour or incapacity—a highly rigorous process
ensuring judicial independence. This process is also detailed in the Judges (Inquiry) Act, 1968.

4. Fixed Salaries and Service Conditions
Judges' salaries, allowances, and conditions of service are fixed and cannot be changed to their
disadvantage after appointment (Article 125 and 221). This prevents economic pressure from the executive.

5. Prohibition on Practice after Retirement
Supreme Court judges cannot practice law after retirement, ensuring that their judgments are free from
personal or professional influence.

6. Powers of the Judiciary
The judiciary has the power of judicial review and can declare any law or executive action unconstitutional,
maintaining a check on the other branches.

Answered by jobseeker Vipra | Approved

1. Appointment of Judges:
Articles 124 and 217 govern the appointment of judges to the Supreme Court and High Courts, respectively.
Though the President formally appoints judges, the Collegium System (evolved through judicial precedents) ensures appointments are made based on the consultation of senior judges, reducing executive influence.
The Supreme Court Advocates-on-Record Association case (1993) and its follow-up judgments reinforced judicial primacy in appointments.
2. Security of Tenure:
Judges of the Supreme Court hold office until the age of 65; High Court judges till 62.
Judges cannot be arbitrarily removed or transferred; they enjoy fixed tenure unless removed by a constitutionally defined process.
3. Removal of Judges:
Judges can be removed only through impeachment, as per Article 124(4) and Article 217(1)(b), for proved misbehavior or incapacity.
This requires a special majority in both Houses of Parliament, ensuring protection from political misuse.
4. Other Safeguards:
Salaries and allowances are charged on the Consolidated Fund of India, not subject to parliamentary vote.
Judges are barred from practicing after retirement in courts where they served, minimizing conflicts of interest.
Conclusion:
These constitutional safeguards collectively protect judicial independence by minimizing executive and legislative interference, thereby preserving the integrity, impartiality, and credibility of the judiciary in India.

Answered by jobseeker Amit Dwivedi | Approved

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