Consider the following statement :
1. The legislature is involved in the process of appointment of judges.
2. The judges of the Supreme Court and the High Court have a security of tenure.
3. The Constitution provides that the salaries and allowances of the judges are not subject to the approval of the legislature.
How many of the above are correct with respect to the independence of the Judiciary?
Explanation:
Statement 1 is incorrect: The Indian Constitution has ensured the independence of the judiciary through a number of measures. The legislature is not involved in the process of appointing judges. Thus, it was believed that party politics would not play a role in the process of making appointments. Statement 2 is correct: The judges have a security of the tenure. They hold office till reaching the age of retirement (65 yr for the Supreme Court and 62 yr for the High Court). Only in exceptional cases, judges may be removed. But otherwise, they have security of tenure. Security of tenure ensures that judges can function without fear or favour. Statement 3 is correct: The judiciary is not financially dependent on either the executive or the legislature. The Constitution provides that the salaries and allowances of the judges are not subject to the approval of the legislature. Other measures to ensure the independence of the judiciary include: • The actions and decisions of the judges are immune from personal criticism. • The judiciary has the power to penalise those who are found guilty of the contempt of court. • Parliament cannot discuss the conduct of the judges except when the proceeding to remove a judge is being carried out