1.

Write a note on independence and impartiality of the High Court.

Answer»

Independence and impartiality of the High Court : An independent judiciary is said to be the first condition of liberty. Independence of the High Court is ensured by the following provision : 

Security of Tenure : A Judge can remain in office till he attained the age of 62 years. He can be removed by the President on the ground of “proved misbehavior or incapacity” or as address of each House of Parliament. 

(a) Salaries are charged on the Consolidated Fund of the State : Judge’s salaries, allowance, etc., shall not be varied to their disadvantage during the term of office. Moreover, they are charged on the Consolidated Fund of the State and are not subject to vote of the Legislature.

(b)  No Discussion with respect to the conduct of any Judge : No discussion shall take place in this Legislature of a State or in Parliament with respect to the conduct of any Judge I the discharge of his duties, except when a motion for his removal is under consideration. The conduct of a Judge cannot ordinarily be a subject matter of discussion in side Legislature. 

(c) Punishment for the contempt of Court : Criticism of a judgment is allowed, but nothing should be done to lower the authority or dignity of the Court. The High Court has the power to punish for contempt of itself. 

(d) Prohibition of practice after retirement : A retired Judge can practice only in the Supreme Court or in those High Courts where he has not worked as a Judge. He shall not practice in other Courts or tribunals. 

(e) discretion of the Executive has been reduced in appointments and ransfers of Judges : The President can transfer any Judge from on eHigh Court to another. But it requires these conditions to be fulfilled. First order for transfer can be issued after consulting the  Chief Justice of India. Second when a Judge has been transferred he shall ben entitled to compensatory allowance in addition to his salary.



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