With reference to the Independence and Impartiality of the Supreme Court, answer the following questions:

(a) Why is the Judiciary kept independent of the control of Executive and Legislature?

(b) Explain the role of these factors in securing Independence of the Supreme Court:

1. Security of Tenure,
2. Security of Salary and Allowances, and
3. Power to punish for Contempt of itself

(a) The Supreme Court and the High Courts administer justice not only between citizen and citizen but also between 'State' and a 'Citizen'.

1. Judges' independence is essential for the functioning of a democratic Constitution.
2. An independent judiciary is said to be the first condition of liberty.
3. The Supreme Court and the High Courts are "guardians of the most precious asset in a democracy, the people's rights."
4. Hence, the Judiciary is kept independent of the control of Executive and Legislature.

(b) The role of the following factors in securing Independence of the Supreme Court is -

1. Security of Tenure — A Judge can remain in office till he has attained the age of 65 years. He can be removed by the President on the ground of "proved misbehaviour or incapacity" on an Address of each House of Parliament. The word 'proved' is very significant. It means that an Address can only be presented after an allegation has been thoroughly examined by some impartial tribunal.
2. Security of Salary and Allowances — Judges' salaries, allowances, etc. shall not be varied to their disadvantage during their term of office. Moreover, the salaries and allowances are charged on the Consolidated Fund of India and are not subject to Vote of Parliament. The salaries of the Judges cannot be reduced except during periods of Financial Emergency.
3. Power to punish for Contempt of itself — Genuine criticism of a Judgement is allowed, but nothing should be done to lower the authority or dignity of the Court. The Supreme Court has the power to punish for contempt of itself.