question_answer 18)

Give one reason each to argue that Indian judiciary is independent with respect to   (a) Appointment of judges.   (b) Removal of judges.   (c) Powers of the judiciary.  

Answer:

(a) Appointment of Judges The judges of the Supreme Court and the High Courts are appointed by the President on the recommendation of the Prime Minister and in Consultation with the Chief Justice of India. In actual practice, the senior judges of the Supreme Court select new judges for the Supreme Court as well as for the High Courts. Here seniority and merit are the main considerations with hardly any scope for manipulation by anybody.   (b) Removal of Judges The procedure of removal of judges of the Supreme Court and High Courts is very difficult to actually carry out. They can be removed only on the basis of an impeachment motion passed by two-thirds majority in both Houses of Parliament separately. So removal of judges cannot be done arbitrarily.   (c) Powers of the Judiciary The powers are clearly spelt out in the Constitution and they cannot be diluted by Parliament or by any Presidential order. So no politician can reduce or increase their powers. The Supreme Court has the power to declare illegal any law made by Parliament if it goes against the Constitution.