In this article you will learn about Independence of Judiciary in India in Political Science.
Independence of Judiciary in India
In line with the practice of other liberal democratic political systems, the Indian political system also has an independent and effective Judiciary with the Supreme Court at the apex level, High Courts at the state level and the subordinate courts at the local level. The Constitution of India ensures the independence of its judicial system by incorporating all such qualities which stand universally recognised as conditions essential for securing the objectives.
Several Steps taken to ensure Independence of Judiciary in India
1. Separation of Judiciary from the Executive and Legislature : Judiciary in India is neither a division of the executive nor a hand-maid of the legislature. It has an independent identity under the Indian Constitution. The Supreme Court heads the Judiciary and runs the judicial administration in the country. The Judicial administration works on the basis of the rules, orders, decisions, regulations and directions made and implemented by the Supreme Court of India. The Constitution, in its Part IV gives a directive to the State to affect a separation of judiciary from the executive. This has been secure through appropriate legislation.
2. Appointment of Judges by the President (Executive) : The manner and method of appointment of a judge decides to a large extent his independence. The judges of the Supreme Court and the High Courts are appointed by the President. The President acts on the basis of the recommendations made by the Judicial Appointment Commission. In the case of appointment of the Chief Justice, normally the practice of appointing the senior most judge to this high office is followed. In the case of subordinate courts, the judges are career judges. They are recruited through competitive examinations and are given due training before their appointments.
3. High Qualifications for Judges : The Constitution prescribes specific and high qualifications for all the judges. A person eligible for judgeship has to be an Indian citizen, must have an experience as a judge of a High Court for at least 5 years or be an advocate of the High Court for at least 10 years or be a distinguished jurist. Thus only those persons who have specific qualifications and experience as prescribed by the Indian Constitution can be appointed as the judges of the Supreme Court.
4. Long Tenure : The Constitution of India provides that judges shall remain in office till they attain the age of 65 years. This age limit ensures them a long tenure.
This article on Independence of Judiciary in India in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.