What guarantees the independence of High Court?
Q. Which provisions guarantee independence of High Court?
1) Expenditure not subject to voting by Parliament.
2) Limit on discretion of the executive in judicial appointments.
3) Jurisdiction cannot be limited.- Published on 09 Mar 17
a. 1, 2
b. 1, 3
c. 2, 3
d. All of the above
ANSWER: All of the above
Provisions for Independence of High Court -
Mode of Appointment -
- The judges of the High Court are appointed by the President in consultation with the members of the judiciary itself.
- This limits the discretion of the executive in judicial appointments.
- Security of Tenure - They can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution.
- Fixed Service Conditions - The salaries, allowances, privileges, leave and pension of the judges of the High Court cannot be changed to their disadvantage after their appointment except during a financial emergency.
- Expenses Charged on Consolidated Fund - The salaries, allowances and pensions of the judges and the staff and the administrative expenses of the High Court are charged on the Consolidated Fund of India which is not subject to vote in the Parliament.
- Conduct of Judges cannot be discussed - Parliament or State Legislature cannot discuss conduct of the judges of the High Court in the discharge of their duties, except when an impeachment motion is under consideration of the Parliament.
- Ban on Practice after retirement - Retired judges of the High Court cannot plead or act in any Court or before any authority within the territory of India except the Supreme Court of India and other High Courts.
Punishment for its contempt -
- The High Court can punish any person for its contempt.
- This is to maintain its authority, dignity and honor.
- Appointing its staff - The Chief Justice of High Court can appoint officers and servants of the High Court, prescribe their conditions of service etc. without any interference from the executive.
- Jurisdiction cannot be limited - The Parliament and State Legislature cannot curb jurisdiction and powers of the High Court which are mentioned in the Constitution. But in other regards, they can change jurisdiction and powers.
Separation of Judiciary and Executive -
- As per the Constitution, executive authorities should not possess judicial powers.
- Criminal procedure Code (1973) separated judiciary from executive.