Question

Briefly evaluate the relevance of the Indian Judiciary as an independent organ of the Government. With the help of any two measures, explain how its independence can be ensured?

Answer 1

Under the Constitution of India, the judiciary is an independent body apart from legislative and executive. The independence of the judiciary is very important for the protection of the individual rights of the people against the usage of the arbitrary powers of the executive and legislature in India. Judiciary provides checks and balances to the working of the Parliamentary form of government and ensures that people do not suffer under an authoritarian rule.

Two ways in which the independence of the judiciary is ensured in India are:

1. Mode of Appointment: The appointment of the judges is a very elaborative process that requires rigorous consultations and deliberations. It is assured that their appointments are not based on any political or practical considerations.
2. Security of Tenure: The judges are provided with the security of tenure. The removal of the judges of High Courts and Supreme Court are done through impeachment. Due to such an elaborative process, it is very difficult to remove a judge thus till now no judge of the SC of India has been removed.