Question

The independence of the judiciary is necessary in a federal democratic set-up. In this context, describe the part played by the following:

1. Security of Tenure of Office.
2. Security of Salary and Allowances of the Judges.
3. Power to punish for Contempt of itself.

Answer 1

1. A judge may continue his duties in that capacity until he turns 65. The President may remove him based on evidence of his "misbehaviour or incapacity" in an address to each house of parliament. The phrase "proved" indicates that the address may only be made after an impartial tribunal's thorough investigation.
2. Judges' salaries and benefits cannot be decreased to their disadvantage during their term. However, their pay and benefits can only be cut during a financial emergency to address the nation's or state's financial problem. Also, the wages of judges are funded by the Indian Consolidated Fund and are not subject to approval by parliament.
3. Sincere criticism of a ruling is acceptable, but actions that reduce the Court's authority or dignity should be avoided. The Supreme Court can set penalties for disobedience.