History & Civics

The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.

With reference to the above statement, mention any four ways in which the Constitution has ensured the independence of the judiciary.

Supreme Court

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Answer

Four ways in which the Constitution has ensured the independence of the judiciary are:

  1. Security of Salaries and Service conditions — Judges' salaries, allowances, etc., shall not be changed to their disadvantage during their term of office. The salaries. of the Judges cannot be reduced except during periods of financial emergency. Their salaries and allowances are charged on the Consolidated Fund of India and so are not subject to vote of Parliament.
  2. Freedom to Announce Decisions and Decrees — The Judges are free to announce their decisions and decrees in the court chambers without any danger to their person, property or fame. Their decisions cannot be criticised in public or by the press. It is the duty of the State to ensure their personal safety at all costs.
  3. Punishment for Contempt of Court — The Supreme Court can punish for the contempt of court if a person or authority makes an attempt to lower its authority.
  4. Full Control Over its Procedure of Work and Establishment — The Supreme Court is free to decide its own procedures of work and its establishment as well as the conditions of service of its employees. Thus, it is free from influence of any outside agency.

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