9 Steps Taken to Ensure Independence of Judiciary

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9 Steps Taken to Ensure Independence of

Judiciary
by K.K Ghai Political Science

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Some of the steps taken to ensure independence of judiciary are as follows:

1. Separation of Judiciary from the Executive and Legislature:
Judiciary in India is neither a branch of the executive nor a hand-maid of the
legislature. It has an independent identity under the Constitution. It enjoys full
autonomy in its working.
2. Appointment of Judges by the President:
The method of appointment of judges has been very sound. The Judges of the Supreme
Court and High Courts are appointed by the President. While appointing other judges
the Supreme Court, the President consults the Chief Justice of India. In case of the
appointment of the Chief Justice, the practice of appointing the senior most judges to
this high office is followed. In the case of subordinate courts, the Judges are recruited
through competitive examinations.
3. High Qualifications:
The Constitution prescribes specific and high qualifications for the Judges. A person
eligible for judgeship has to be an Indian citizen, must have experience as a Judge of a
High Court for at least five years or as an advocate of High Court for at least ten years or
be a distinguished jurist. Thus, only persons with high qualifications and experience
are appointed as judges of the courts.
4. Long Tenure:
Judges of Supreme Court remain in office till they attain the age of 65 years. This age
limit ensures a long tenure for the Judges.
5. Security of Service:

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The Judges in India enjoy good security of service. No judge can be removed from the
office except by a very difficult process of impeachment.
6. High Salary:
Every Judge of the Supreme Court gets a high salary. Besides this, each judge is entitled
to free residential accommodation, medical allowance and several other perks. Salaries
and allowances of judges cannot be reduced during their terms of office, except in the
situation of a financial emergency in the country.
7. Prohibition of Practice after Retirement:
A Judge of the Supreme Court is prohibited to practice before any court or authority in
India.
8. Power to Punish the Contempt of Court:
Courts in India have been given the power to punish all cases involving a contempt of
court. The Supreme Court can punish any institution or person who is found guilty of
contempt of court.
9. Vast Jurisdiction and the Power of Judicial Review:
Judiciary in India enjoys a vast jurisdiction. It acts as the guardian interpreter of the
Constitution, the protector of Fundamental Rights of the people and the arbiter of
disputes between the Union and the States. It has the power to determine the
constitutional validity of every law.
It can reject any law in case it is found to be against the Constitution of India. Indian
Judiciary is in no way subordinate to the other two organs of the government. Its
decisions bind all. Such a powerful position helps the judiciary to maintain its
independence. Thus the Constitution of India incorporates all such features as are
considered essential for the preservation of independence of Judiciary.
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Related Articles:
1. Judiciary in India: 11 Salient Features of Indian Judiciary
2. Paragraphs on The Supreme Court of India

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3. The Role of Judiciary in India

4. Differences between the Supreme Court and High Courts of India
5. The High Courts in India: Appointment and Qualification for Judges
6. Judiciary: Functions, Importance and an Essential Quality of Judiciary
7. State High Courts: Functions, Position and Other Details
8. India Subordinate Judiciary (with Diagram)
9. Theory and Practice of Judicial Impartiality in India
10. Supreme Court of India: Organisation, Jurisdiction and Position
, Judiciary

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