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Supreme court MCQ

Independence of Supreme Court

The Supreme Court has been assigned a very significant role in the Indian democratic political system. It is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and guardian of the Constitution. Therefore, its independence becomes very essential for the effective discharge of the duties assigned to it. It should be free from the encroachments, pressures and interferences of the executive (council of ministers) and the Legislature (Parliament). It should be allowed to do jus- tice without fear or favour.

Independence of Supreme Court of ways. Some of them are as Independence of Supreme court judge is secured in a number follows:

1. Mode of Appointment The judges of the Supreme Court are appointed by the Presi- dent (which means the cabinet) in consulta- tion with the members of the judiciary itself (ie, judges of the Supreme Court and the high courts). This provision curtails the absolute discretion of the executive as well as ensures that the judicial appointments are not based on any political or practical considerations.

2. Security of Tenure By laying down that Judges of Supreme Court shall not be removed except by an order of President after an address by the Parliament (supported by majority of the membership of the house and not less than two thirds of the members present and voting) is presented to him. (Art.124(4)) 

3. Fixed Service Condition The salaries, allowances, privileges, leave and pension of judges of Supreme Court are determined from time to time by Parliament. They cannot be varied to the disadvantage of the judges.

4. Expenses Charged on Consolidated Fund The salaries, allowances and pensions of the judges and the staff as well as all the admin- istrative expenses of the Supreme Court are charged on the Consolidated Fund of India. Thus, they are non-votable by the Parliament (though they can be discussed by it).

5. The conduct of judges cannot be Discused The conduct of judges in the discharge of their duties cannot be discussed in Parliament or in a state legislature except when an impeachment motion is under consideration.

6. Ban on Practice after Retirement The Retired Judges are prohibited from pleading or acting in any court or before any authority within the territory of India. This removes the chances of any biased decision for any future favour.

7. Power to Punish for its Contempt The Supreme Court can punish any person for its contempt. Thus, its actions and decisions cannot be criticised and opposed by any body. This power is vested in the Supreme Court to maintain its authority, dignity and honour.

8. Freedom to Appoint its Staff The Chief Justice of India can appoint officers and servants of the Supreme Court without any interference from the executive. He can also prescribe their conditions of service.

9. Its Jurisdiction cannot be Curtailed The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. The Constitution has guaranteed to the Supreme Court, jurisdiction of various kinds. However, the Parliament can extend the same.

10. Separation from Executive The parliament cannot curtail the jurisdiction and powers of the Supreme Court; however, the parliament can extend its power and jurisdiction. The Constitution directs the state to separate judiciary from executive in the public services (Art 50). For its implementation, judicial powers of executives are taken away after enactment of Cr.PC).

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