What do you understand by the concept of Judicial Independence? Enumerate the constitutional provisions to safeguard the independence and impartial functioning of the Supreme Court of India.
Answer
An independent judiciary is the one which is not subject to influence from other two organs of the government (Article 50). An independent judiciary is one of the basic features of the Constitution.
The constitution has envisaged an independent Supreme Court (SC) to upload the supremacy of constitution.
Constitutional provisions to safeguard the independence of SC:
- Judges are appointed by the President in consultation with the judiciary itself. (Article 124)
- Security of tenure and fixed service conditions (which cannot be changed to their disadvantage).
- Its jurisdiction cannot be curtailed.
- Expenses are charged on Consolidated Fund of India.
- Conduct of Judges cannot be discussed in Parliament/state legislatures.
- Ban on practice after retirement (SC judges).
- Power to punish for contempt of court.
- Freedom to appoint its own staff.
An Independent Supreme Court is imperative for effective discharge of their duties, being the guardian of the Constitution and the guarantor of the Fundamental Rights.