5. Independence of Supreme Court

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

♤ The Judges of Supreme Court are appointed by the President in consultation with the collegiums headed by the Chief Justice of Supreme Court.

♤ 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))

♤ 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.

♤ The salaries, allowances and pensions of the staff are charged on the Consolidated Fund of India and thus are non-votable by the Parliament. (Art. 146)

♤ 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.

♤ 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.

♤ The Supreme Court can punish anyone for its contempt. Its actions, thus, cannot be criticized or opposed by anybody. It ensures authority, Dignity and Honour of Supreme Court.

♤ The Chief Justice of India can appoint officers and staff of Supreme Court without any interference from the 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.P.C).