Answer» Correct Answer - Option 4 : 1, 2, 3 and 4
The correct answer is 1, 2, 3 and 4.
- Independence of judiciary means that the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice.
- judges must be able to perform their functions without fear or favor.
- The Indian Constitution has ensured the independence of the judiciary through a number of measures.
- The legislature is not involved in the process of appointment of judges. Hence statement 1 is correct.
- Thus, it was believed that party politics would not play a role in the process of appointments.
- In order to be appointed as a judge, a person must have experience as a lawyer and/or must be well versed in the law.
- The judges have a fixed tenure. Hence statement 2 is correct.
- They hold office till reaching the age of retirement.
- Only in exceptional cases, judges may be removed.
- Security of tenure ensures that judges could function without fear or favor.
- The Constitution makers believed that a difficult procedure of removal would provide security of office to the members of the judiciary.
- The judiciary is not financially dependent on either the executive or legislature. Hence statement 4 is correct.
- The Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature.
- The actions and decisions of the judges are immune from personal criticisms.
- The judiciary has the power to penalize those who are found guilty of contempt of court. Hence statement 3 is correct.
- Parliament cannot discuss the conduct of the judges except when the proceeding to remove a judge is being carried out.
- This gives the judiciary independence to adjudicate without fear of being criticized.
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