To keep the judiciary independent, the constitution has the following provisions :
1. Appointment of Judges :
The right to appoint judges in the Supreme Court and High Courts has been entrusted to the President, who also consults the Chief Justice and other senior most judges for the appointment.
2. Long working method and safety of working method :
The judges of the Supreme Court in India remain in office till the age of 65. They cannot be dismissed in a simple way. The President can only remove a judge on the basis of proven misconduct of incompetence but the process of removal is very combersome.
3. Immunity :
The judgements and action of the Supreme Court are beyond criticism. The parliament cannot even discuss the working of those judges who have been doing duty.
4. Control of staff :
In the absence of the court’s control over the staff, its freedom can get victimised. Therefore, the Supreme Court has full control over its staff. All the officers and employees of the court are appointed by the Chief justice and the other judges.
5. Ban on Advocacy after retirement :
The constitution prohibits a retired judge to advocate before any officer or in any court in the Indian territory. But it allows his appointment for special type of work, such as special investigation and exploration.
6. Power to make rules for regulation of functioning :
The Supreme Court has the right to make rules for regulating its functioning but the rules should be made under the law made by the Parliament and approval of the President is necessary. In addition, its judgements or orders are valid to all judges within the Indian territory.
7. Separation from executive :
Being executive and judicial power in the hands of a single person, it is possible to ignore the principle of justice. The judiciary must be free from the bonds of executive. In the constitution of India, the Directive Principles of State Policy expect that the executive should not interfere in the functioning of the judiciary. The executive and the legislature should not interfere in the working of judges till they work in accordance with the constitution.
