Which of the following provisions ensures independence of Judiciary? 1. The legislature is not involved in the process of appointment of judges. 2. The judges have a fixed tenure. 3. The judiciary has the power to penalise those who are found guilty of contempt of court. 4. The judiciary is not financially dependent on either the executive or legislature.
Independence of judiciary means that the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice. the other organs of the government should not interfere with the decision of the judiciary . judges must be able to perform their functions without fear or favour. The Indian Constitution has ensured the independence of the judiciary through a number of measures. The legislature is not involved in the process of appointment of judges. Hence statement 1 is correct. Thus, it was believed that party politics would not play a role in the process of appointments. In order to be appointed as a judge, a person must have experience as a lawyer and/or must be well versed in the law. Political opinions of the person or his/ her political loyalty should not be the criteria for appointments to the judiciary. The judges have a fixed tenure. Hence statement 2 is correct. They hold office till reaching the age of retirement. Only in exceptional cases, judges may be removed . Security of tenure ensures that judges could function without fear or favour. The Constitution prescribes a very difficult procedure for removal of judges. The Constitution makers believed that a difficult procedure of removal would provide security of office to the members of the judiciary. The judiciary is not financially dependent on either the executive or legislature. Hence statement 4 is correct. The Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature. The actions and decisions of the judges are immune from personal criticisms. The judiciary has the power to penalise those who are found guilty of contempt of court. Hence statement 3 is correct. This authority of the court is seen as effective protection to the judges from unfair criticism . Parliament cannot discuss the conduct of the judges except when the proceeding to remove a judge is being carried out. This gives the judiciary independence to adjudicate without fear of being criticised.