1.

How can the independence of the Judiciary be protected?

Answer»

The Constitution has made provisions for keeping the Judiciary independent and impartial. 

They are as follows: 

a) Mode of Appointment of Judges: The Constitution has made provisions to make the appointment of Judges above politics. The Legislature does not have much role in the appointment of Judges. For a person to be appointed as a Judge he should have experience as an advocate. He should be well-versed in law. A person’s politics does not have any role in his appointment as a Judge.

b) Fixed Tenure: The fixed tenure ensures that the Judges can work independently as they can’t be easily removed from their posts. Only in very rare circumstances can a judge be removed. This stability in the job makes them fearless and act judiciously without fear or favor.

c) Financial independence: The Judiciary does not have to depend on the Executive or the Legislature for their financial needs. The Constitution has made the salaries and allowances of the Judges beyond the jurisdiction of the Legislature. It makes the Judiciary independent. Handsome salaries and allowances will help the Judges to be c) Financial independence: The Judiciary does not have to depend on the Executive or the Legislature for their financial needs. The Constitution has made the salaries and allowances of the Judges beyond the jurisdiction of the Legislature. It makes the Judiciary independent. Handsome salaries and allowances will help the Judges to be

d) Freedom from personal criticism: The decisions and activities of the Judge should be from criticism. Judiciary has the power to punish people for contempt of court. It is believed that this provision will protect Judges from unjust criticism. Even the Parliament can’t discuss the behavior of a Judge except as part of his impeachment process. The Judiciary can thus take impartial decisions without being afraid of criticism.

e) Separating the Executive from the Judiciary: This is another way of protecting the freedom of the Judiciary. If his fundamental rights are violated, any person can approach the SC for redress. In the form of Writ, the SC can issue special orders. For defending Fundamental Rights, the SC can issue Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. Through these Writs, the Judiciary can give orders to the Executive to take action.



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