Constitutional Arrangement that ensures Independence of Judiciary

There are a number of provisions mentioned in the constitution of India which ensures the independence of the Judiciary in India. These are as follows:

The appointment of the judges by the President

According to article 124 in the Indian constitution, the Chief Justice of India should be selected by the President of India on the basis of consultation with the judges of the Supreme court and the high court. Also, before appointing other judges, the president is needed to consult with the Chief Justice of India. thus, the president of India cannot appoint any judge without the consultation of other judges. Therefore, article 124 prevents the possession of all discretionary powers on one hand.

Security of Services

Judges remain in office till they reach the age of retirement, which is 65 years for Supreme Court Justices and 62 years for High Court Judges. Only be removed based on proven misbehavior and in case of incapacity. As the procedure is so difficult, no Supreme Court or High Court judge has been removed till now.

Long Tenure

Article 124 demotes that the judges of the supreme court have the security of tenure. They cannot be removed from office without the President’s permission, and even then, only on the basis of incompetence or misbehavior that has been proven, and is supported by a resolution passed by a majority of the members of each House collectively, as well as by a majority of at least 2/3 of the members of each House present and voting

Fixed salaries

The Indian Constitution has denoted the salaries and benefits for the judges of the supreme court, which are deducted from the Consolidated Fund of India and not subject to a vote by the legislature. Except in extreme financial situations, their wages and allowances cannot be changed to their detriment throughout the period of their office.

The powers of the supreme court can be extended but cannot be curtailed

In terms of its authority, Parliament may alter the financial threshold for Supreme Court appeals in civil cases, expand the Supreme Court’s appellate jurisdiction, grant it supplemental powers to help it function more efficiently, grant authority to order writs, including all prerogative writs, for any reason other than those specified in Article. 32. All of these laws make clear that while the Parliament may go beyond the Supreme Court’s authority, it may not limit it, as mentioned in article 138.

The power to punish for contempt

According to Articles 129 and 215, the high court and the Supreme court have the power to punish for contempt. Which means it can punish any person for contempt. This power holds great importance in the matter of an independent judiciary.

The separation of the executive from the judiciary

Article 50 denotes the separation of the judiciary from the executive in the public services of the states. Which emphasizes the importance of securing the judiciary from any external interference. 

Prohibition of practice after retirement

By rule, the judges of the Supreme Court and the high court cannot practice after their retirements, like the way lawyers do usually. However, the government does hire retired higher judiciary judges as heads of various commissions.

Power of Judicial Review

The power of the Judicial Review comes from the Constitution of India itself and India has an independent judiciary with extensive jurisdiction over the acts of both legislature and the executive. Judicial Review is mostly classified into three types: reviews of legislative actions, reviews of judicial decisions, and reviews of administrative action.

Independent Judiciary: An Independent Judiciary means a judiciary that is unbiased and can act freely without any influence or interference from any other part of the political system. According to the Indian constitution, An independent judiciary has been provided to protect fundamental rights and provide equal Law to the people of India.