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Which one of the following conditions does not contribute to the Independence of Judiciary in India?
no change in salary and service conditions of the judges can be made which operate against their interest, after their appointment
Once appointed they cannot be removed from their office before the date of retirement
The salary and allowances of the judges are charged to the Consolidated Fund of India and are not subject to Parliamentary vote
Retired judges are not permitted to carry on practice before any Court or tribunal in India
Judges do not hold their offices at the “pleasure” of the President. In other words, they cannot be arbitrarily removed by the government once they are appointed, and can only be impeached by a special majority of both houses (Article 124(4)) of Parliament only “on the ground of proved misbehaviour or incapacity”. Hence option 2nd is incorrect. This impeachment process is a very difficult one and never in the history of independent India has a judge been impeached, though attempts have sometimes been made to do so. Judges, therefore, enjoy security of tenure while holding office, which is essential for maintaining judicial independence.
By: Parvesh Mehta ProfileResourcesReport error
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