What guarantees the independence of Supreme Court?
Q. Which provisions guarantee independence of Supreme Court?
1) Appoint its own staff.
2) Ban on practice after retirement.
3) Conduct of judges cannot be discussed in Parliament.- Published on 03 Mar 17
a. 1, 2
b. 1, 3
d. All of the above
ANSWER: All of the above
Provisions for Independence of Supreme Court -
- Mode of Appointment - The judges of the Supreme Court are appointed by the President in consultation with the members of the judiciary itself (i.e., judges of the Supreme Court and the high Courts).
- 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 Supreme 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 Supreme 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 Supreme 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 Supreme Court cannot plead or act in any Court or before any authority within the territory of India.
- Punishment for its contempt - The Supreme Court can punish any person for its contempt.
- This is to maintain its authority, dignity and honor.
- Appointing its staff - The Chief Justice of India can appoint officers and servants of the Supreme Court, prescribe their conditions of service, etc. without any interference from the executive.
- Jurisdiction cannot be limited - The Parliament can only extend but cannot curtail jurisdiction and powers of the Supreme Court as they are guaranteed by the Constitution.
- Separation of Judiciary and Executive -As per the Constitution, executive authorities should not possess judicial powers.
- Criminal procedure Code (1973) separated judiciary from executive.