Understanding the Independence and Impartiality of Indian Judiciary with MCQ test

Have you ever wondered how the Indian judiciary ensures fairness and impartiality? Let's explore the key provisions relating to the institution of judiciary and the roles of judges in ensuring justice for all.

Independence & Impartiality of Indian Judiciary

In the Indian Constitution, there are several provisions aimed at ensuring the independence and impartiality of the judiciary. Let's delve into some of these provisions:

Provisions Relating to Courts

Vast Powers of the Courts:

➡The Constitution recognizes the extensive powers held by the courts, especially the Supreme Court, which cannot be limited by Parliament.

➡However, Parliament has a limited right to change the appeal limits in civil cases heard by the Supreme Court.

Appellate Jurisdiction of Supreme Court:

➡The Supreme Court possesses vast appellate jurisdiction and supplementary powers to facilitate its efficient functioning.

➡This allows it to review and decide upon cases from lower courts, ensuring justice is served.

Courts of Record:

➡Both the Supreme Court and High Courts are designated as courts of record, with the authority to punish for contempt against the judiciary or judges.

➡This power helps maintain the dignity and integrity of the judicial system.

Provisions Relating to the Judges

Security of Tenure:

➡Once appointed, judges enjoy a security of tenure until they reach a specified retirement age.

➡For High Court judges, the retirement age is 62, while for Supreme Court judges, it is 65. This ensures stability and continuity in the judiciary.

Restrictions on Post-Retirement Practice:

➡Judges are prohibited from practicing as advocates in the same or equivalent courts after their retirement.

➡This measure prevents potential conflicts of interest and maintains the integrity of the judicial process.

Removal of Judges:

➡Judges can only be removed from office in cases of proven misbehavior or incapacity.

➡This stringent requirement ensures that judges are held accountable for their actions while safeguarding their independence.

Fixed Salaries and Allowances:

➡The salaries and allowances of judges are fixed and not subject to the vote of the legislature.

➡This independence from political influence ensures that judges can perform their duties impartially.

Funding and Emoluments:

➡Judges' salaries are drawn from the consolidated fund of India (for the Supreme Court) and the consolidated fund of the respective states (for High Courts).

➡These emoluments cannot be altered to the judges' disadvantage, except during financial emergencies.

Restrictions on Discussion:

➡The conduct of judges cannot be discussed in Parliament or state legislature, except when a motion for the removal of a judge is presented to the President.

➡This protects judges from unwarranted criticism and maintains their dignity.

Authority for Appointments:

➡The Supreme Court of India is authorized to make appointments of officers and staff of the court and determine their service conditions.

➡This authority ensures the independence and efficiency of court operations.

Conclusion:

Understanding the independence and impartiality of the Indian judiciary is essential for upholding the rule of law and ensuring justice for all citizens. These key provisions and measures outlined in the Constitution and legal framework play a crucial role in maintaining the integrity and fairness of our judicial system.Provisions Relating to the Institution of Judiciary

MCQ Test: Independence and Impartiality of Indian Judiciary

Now that we've learned about Independence and Impartiality of Indian Judiciary, let's see how much you remember! Take our fun MCQ test to test your knowledge. Don't worry, it's not too hard, and you might even learn something new!