Chapter : 2. Working Of Institutions
Independence of Judiciary
Independence of Judiciary :
For a successful federal democracy, it is most essential that the court of law should be independent to administer justice and to interpret the Constitution and the different laws passed by various legislatures from time to time. Independence of judiciary implies that neither the executive nor the legislature nor any government or private agency should be able to influence the judges. in the course of their discharge of duties as a judge Such an independence of judiciary has been ensured in India by means of the following provisions :
1. Security of Service : The judges have sometimes to give decisions against the Government, which can be embarrassing. As such they have been given full security of service. It has been provided in the constitution that the judges shall be appointed by the president but cannot be removed from office by him. Only in the event of a gross misbehaviour, acting against the provisions of the Constitution, Corruption or misuse of office can a judge be removed from service by means of an impeachment by the Parliament.
2. Security of Pay and Allowances : In order to make a judge desist form accepting bribes or falling prey to any financial implications, they have been given handsome salaries, besides many allowances and other facilities. The Judges of the Supreme Court formerly used to get a monthly salary of Rupees 10,000 in the case of the Chief Justice and Rs. 9,000 in case of other Judges. However, as a result of the recommendations of the Fifth pay Commission their pay has been further hiked. The Judges of the Supreme Court will get Rs. 30,000 per month while the Chief Justice will get above Rs. 30,000 level.
3. Independent Procedure of the Court : The Supreme Court and the High Courts are free to decide their own procedure of work and their establishment. They are not likely to be influenced by any outside agency.
4. No Practice after Retirement : In order to make the Judges impartial, they have not been allowed to practice after retirement.
5. Free Decisions and Decrees : The judges are free to announce their decisions and decrees in their Conuts without any danger to their courts without any danger to their person, property and fame. Their decisions cannot be criticised by the public or the press. Their personal safety is the duty of the State and is ensured at all costs.
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