28.

Discuss the conditions essential to ensure the independence of judiciary. 

Independence of Judiciary:

i. Separation of Judiciary from the Executive and Legislature: Judiciary in India is neither a branch of the executive nor a hand-maid of the legislature. It has an independent identity under the Constitution. It enjoys full autonomy in its working.

ii. Appointment of Judges by the President: The method of appointment of judges should be very sound. The Judges of the Supreme Court and High Courts should be appointed by the President. While appointing other judges the Supreme Court, the President consults the Chief Justice of India. In case of the appointment of the Chief Justice, the practice of appointing the senior most judges to this high office is followed. In the case of subordinate courts, the Judges are recruited through competitive examinations.

iii. High Qualifications: The Constitution prescribes specific and high qualifications for the Judges. A person eligible for judgeship has to be an Indian citizen, must have experience as a Judge of a High Court for at least five years or as an advocate of High Court for at least ten years or be a distinguished jurist. Thus, only persons with high qualifications and experience are appointed as judges of the courts.

iv. Long Tenure: Judges of Supreme Court remain in office till they attain the age of 65 years. This age limit ensures a long tenure for the Judges.

v. Security of Service: The Judges should enjoy good security of service. No judge can be removed from the office except by a very difficult process of impeachment.

vi. High Salary: Every Judge of the Supreme Court should get a high salary. Besides this, each judge is entitled to free residential accommodation, medical allowance and several other perks. Salaries and allowances of judges cannot be reduced during their terms of office, except in the situation of a financial emergency in the country.

vii. Prohibition of Practice after Retirement: A Judge of the Supreme Court should be prohibited to practice before any court or authority in India.

viii. Power to Punish the Contempt of Court: Courts should be given the power to punish all cases involving a contempt of court. The Supreme Court can punish any institution or person who is found guilty of contempt of court.