The independence of a high court is critical to its ability to carry out its responsibilities effectively. It should be free of the executive (council of ministers) and legislative encroachments, pressures, and interferences. It should be permitted to carry out its duties without fear or favour.

The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of a high court.

1. Mode of Appointment:

The high court judges are appointed by the president (which also serves as the cabinet) in collaboration with the members of the judiciary (i.e., chief justice of India and the chief justice of the high court). This rule limits the executive's total freedom while also ensuring that judicial nominations are not influenced by political or practical concerns.

2. Security of Tenure:

The security of tenure is guaranteed to the judges of a high court. The president can only remove someone from office in the manner and on the grounds specified in the Constitution. This means that, despite being appointed by the president, they do not serve during his pleasure. This is evident from the fact that no high court judge has been removed or (impeached) thus far.

3. Fixed Service Conditions:

The wages, allowances, privileges, leave, and pensions of high court judges are set by Parliament on a regular basis. They cannot, however, be amended to their disadvantage after their appointment unless there is a financial emergency. As a result, the conditions of a high court stay the same during their time of office.

4. Expenses Charged on Consolidated Fund:

The salaries and allowances of judges, as well as the salaries, allowances, and pensions of staff, as well as the administrative expenses of a high court, are charged to the state's consolidated fund. They are not able to vote in the state legislature because of this (though they can be discussed by it). It should be emphasised that a high court judge's pension is charged to the Consolidated Fund of India rather than the state.

5. Conduct of Judges Cannot be Discussed:

Except when an impeachment motion is under consideration in Parliament or a state legislature, the Constitution prohibits any discussion in Parliament or a state legislature on the conduct of judges of a high court in the discharge of their duties.

6. Ban on Practice after Retirement:

Except for the Supreme Court and the other high courts, retired permanent judges of a high court are barred from pleading or participating in any court or before any authority in India. This assures that they do not favour somebody in the aim of receiving future favour.

7. Power to Punish for its Contempt:

A high court has the authority to punish anyone for contempt. As a result, its acts and choices cannot be criticised or resisted by anybody. A high court has this authority in order to maintain its authority, dignity, and honour.

8. Freedom to Appoint its Staff:

The chief justice of a high court can appoint officers and servants of the high court without any interference from the executive. He can also prescribe their conditions of service.

 

9. Its Jurisdiction cannot be Curtailed:

            The jurisdiction and authority of a high court, as provided in the Constitution, cannot be limited by either the Parliament or the state legislature. In other ways, however, the jurisdiction and powers of a high court can be altered by both the parliament and the state legislature.

10. Separation from Executive:

The state is required by the Constitution to take steps to separate the judiciary from the executive in public services. This indicates that executive authorities should not have judicial authority. Following its implementation, the role of executive authorities in judicial administration was abolished.