- independent and integrated judiciary
- independent: no interference of legis or exec
- no fear of favour in minds of judiciary
- fn of judiciary should not be restrained by other organs of constitution
N N Palkivala
Role of judiciary must be of an alarm clock, not a time keeper.
How is independence ensured?
- appt made in consultation w/ judiciary
- Article 124(4): removal of judges by Special Majority of houses
- Article 125(2): salaries, allowances cannot be decreased
- Article 146(3): salaries, allowance of judges of SC/HC are charged on CFI
- Article 121, 211: no discussion on their conduct in parl
- SC can make its own business conduct rules
- power to punish for contempt
- see also: Contempt of Court
- Article 124(7): ban on practice after retirement for judges of SC
- freedom to appt its staff
Threats to independent judiciary
- appt of retired judges to constitutional posts
- eg. ex judge becoming governor or RS member
- delays in appts recommended by collegium
- excessive discretionary powers with CJI, compromising role of other judges in SC
- opaque fn of collegium
- over enthusiasm of judiciary to breach limits of constitution that has made them subject to public criticism
Integrated Judiciary
- no separate courts to entertain special cases depending on diff legislatures
- decision of SC binding on all lower courts