1.

Explaining the meaning of independence of judiciary, describe the means of maintaining its independence.

Answer»

Meaning of the independence of judiciary : 

The independence of the judiciary means that it should function quite freely without any pressure of the executive and the legislature. According to Hamilton, “However good the laws of a state (country) may be, the state is lifeless without an impartial judiciary”.

Means to protect the independence of the Judiciary: 

1. Appointment of the judges: 

The process of appointing the judges is the foremost requirement of an independent judiciary. Throughout the world the judges are appointed in three ways: 

  • By the public 
  • by the legislature and by the executive. 

2. The ability of the judges: 

For the independence of the judiciary the judges must be able, experienced and well-trained. They should have thorough knowledge of the laws and must be honest and impartial. In India, only that person who has served the High Court as a judge for five years or has worked as an advocate in a High Court for 10 years can be appointed a judge of Supreme Court, or in the eye of the President the person should be a scholar and an expert of law. 

3. The tenure of judge: 

For the independence of judiciary,the tenure of a judge should be secure and definite, so that he may discharge his duty freely, boldly and impartially. 

4. Sufficient salary: 

allowances and pensions must be given to the judicial officers, so that they may live upto the standerd of their status in society. 

5. Separation from the executive: 

If powers of judiciary and those of the executive might clash, it is essential to keep the judiciary independent of the bondage of the executive. 

6. Judges are prohibited from pursuing: 

the profession of an advocate or accepting any other appointment on retirement. It is essential to ban a retired judge from working as an advocate at least in the same court from which he/she has retired. This would stop the misuse of power. There must be provision of a good pension after retirement to a judge and his services may be taken in law commissions or as a legal consultant in a government department.



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