(a) The Supreme Court and the High Court administer justice not only between the citizen and citizen but also between ‘State’ and a ‘Citizen’. Judges’ independence is essential for the functioning of a democratic Constitution. An independent judiciary is said to be the first condition of liberty.
The independence of the judges of the Supreme Court is ensured by the following provisions :
1. Appointment of Judges: In appointing the judges the President shall consult the Chief Justice of India. The Chief Justice should take into account the view of four of his senior most colleagues. Thus-neither the Executive (Ministry of Law and Justice) nor the Chief Justice of India acting on his own can have full control over judges’ appointment.
2. Security of Tenure: A judge can remain in office till he has attained the age of 65 years. He can only be removed by the President on the ground of proved misbehaviour or incapacity.
3. Salaries of judges etc. are charged on the consolidated funds of the India hence it cannot be varied to their disadvantage neither subjected to vote in the parliament.
4. Punishment for the Contempt of Court: Genuine criticism of judgement is allowed, but nothing should be done to lower the dignity of court.
5. Prohibition of Practice after Retirement: A retire judge of the Supreme Court cannot plead any case in any court or tribunal in India. 6. No discussion with respect to the conduct of any judge.
(b) Supreme Court is a Court of Record. A Court of Record is one whose judgments are recorded for evidence and testimony. They are not be questioned when they are produced before any court. The judgments are in the nature of precedents i.e., the high court and other courts are bound to give similar decision in the similar cases.
(c) All high courts have the power to issue writs to a person or an official. The writs comprise the Writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. These writs are issued to protect the fundamental rights. Advisory jurisdiction of high court can provide advice to President, to other ministers or to other courts on a question of law or fact which is of public importance. The advisory opinion of high court is not binding on the President or other courts.
