| Which of the following conditions contribute to the Independence of Judiciary in India? |
| 1. Judges cannot be removed from the office except by an order of the President and that too on the ground of proven misbehaviour and incapacity. |
| 2. The salaries and allowances are charged on the |
| Consolidated Fund of India in case of Supreme Court judges and the Consolidated Fund of state in the case of High Court judges. Their emoluments cannot be altered to their disadvantage (Art. 125 (2)) except in the event of grave financial emergency. |
| 3. Parliament can only add to the powers and jurisdiction of the Supreme Court but cannot curtail them. |
| 4. Art. 211 provides that there shall be no discussion in the legislature of the state with respect to the conduct of any judge of Supreme Court or of a High Court in the discharge of his duties. |
A) 1, 2, 3
B) 2, 3, 4
C) 1, 2, 3, 4
D) 1, 2, 4
Correct Answer: C
Solution :
The basic need for the independence of the judiciary rests upon the following points: To check the functioning of the organs: Judiciary acts as a watch dog by ensuring that all the organs of the state function within their respective areas and according to the provisions of the constitution. Judiciary acts as a guardian of the constitution and also aids in securing the doctrine of separation of powers. Interpreting the provisions of the constitution: It was well known to the framers of the constitution that in future the ambiguity will arise with the provisions of the constitution so they ensured that the judiciary must be independent and self-competent to interpret the provision of the constitution in such a way to clear the ambiguity but such an interpretation must be unbiased i.e. free from any pressure from any organs like executive. If the judiciary is not independent, the other organs may pressurize the judiciary to interpret the provision of the constitution according to them. Judiciary is given the job to interpret the constitution according to the constitutional philosophy and the constitutional norms. Disputes referred to the judiciary: It is expected of the Judiciary to deliver judicial justice and not partial or committed justice. By committed justice we mean to say that when a judge emphasizes on a particular aspect while giving justice and not considering all the aspects involved in a particular situation. Similarly judiciary must act in an unbiased manner.
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