Chapter Judiciary
 
 
Q) how is the concept of an independent judiciary understood in the context of a parliamentay  democracy?

Asked by ajayrath7 | 8th Nov, 2017, 08:35: PM

Expert Answer:

In a Parliamentary democracy, members of Parliament are directly elected by the people (Lok Sabha in case of India). Elected members are politically powerful and make laws for the government and so it might be possible for them to influence judiciary. It was to separate legislature and executive from judiciary that the Constitution of India introduced the principle of separation of power.
Independence of the judiciary is maintained in the following ways:
  • All the judges of the High Courts and the Supreme Court are appointed by the President on the advice of the Chief Justice of India and the members of the Collegium (it consists of the Chief Justice and four other senior judges of the court). The Government and legislature hardly play any role in their appointment.
  • Once appointed, the judges of the High Court and the Supreme Court cannot be removed from office. They can only be removed by the process of impeachment which requires the approval of two-thirds majority of the total membership of both Houses.
  • The salaries and allowances of the judges cannot be reduced to their disadvantage by legislature or the executive.

Answered by Social Science Expert | 9th Nov, 2017, 10:05: AM

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