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INDEPENDENCE OF SUPREME COURT

The Supreme Court has been entrusted with a critical role in India's democratic political system. It is a federal court, the highest court of appeal, the guarantor of citizens' fundamental rights, and the keeper of the Constitution. As a result, its independence becomes critical for the successful fulfilment of the obligations delegated to it. It should be free of the executive (council of ministers) and legislative encroachments, pressures, and interferences (Parliament). 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 the Supreme Court.

1. Mode of Appointment:

The Supreme Court judges are appointed by the President (which also serves as the cabinet) in collaboration with the members of the judiciary (i.e., judges of the Supreme Court and the High Courts). 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 Supreme Court judges. 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 Supreme Court justice has been removed (or impeached) thus far.

3. Fixed Service Conditions:

The salary, allowances, privileges, leave, and pensions of Supreme Court judges are set by Parliament on a regular basis. Except in the case of a financial necessity, they cannot be changed to their detriment after their appointment. As a result, the conditions of service of the Supreme Court judges stay the same during their tenure of office.

4. Expenses Charged on consolidate Fund:

The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the Supreme Court are charged on the Consolidated Fund of India. Thus, they are non-votable by the Parliament (though they can be discussed by it.)

5. Conduct of Judge cannot be Discussed:

Except while an impeachment motion is under consideration in Parliament or a State Legislature, the Constitution bans any discussion in Parliament or a State Legislature on the conduct of Supreme Court judges in the discharge of their duties.

6. Ban on Practice after retirement:

The retired judges of the Supreme Court are prohibited from pleading or acting in any court or before any authority within the territory of India. This ensures that they do not favour anyone in the hope of future favour.

7. Power to Punish for its Contempt:

The Supreme Court has the authority to penalise anyone who shows disrespect towards the Court. As a result, its actions and choices cannot be criticised or resisted by anybody. The Supreme Court has this authority in order to retain its authority, dignity, and honour.

8. Freedom to Appoint its Staff: 

The Chief Justice of India can appoint officers and servants of the Supreme Court without any interference from the executive. He can also prescribe their conditions of Service.

9. Its Jurisdiction cannot be Curtailed:

The Parliament is not authorised to limit the Supreme Court's jurisdiction and powers. The Supreme Court is granted numerous types of jurisdiction under the Constitution. However, the Parliament has the authority to prolong the same.

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 the executive authorities should not have judicial authority. As a result of its execution, the role of executive authorities in court administration was abolished.

 

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