
How does the Constitution ensure the neutrality and impartiality in the dispensation of justice by the Supreme Court?
Answer
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Hint: The Constitution has made several provisions to safeguard and ensure the independence, neutrality, and impartiality in the functioning of the Supreme Court. The Constitution deals with the independence, powers, procedures, organization, and so on of the Supreme Court from Articles 124 to 147 under Part V.
Complete answer:
The Constitution ensures neutrality, independence, and impartiality of the Supreme Court through the following provisions:
The Security of tenure is provided to the judges of the Supreme Court. They can only be removed by the President on the grounds and in the manner mentioned in the Constitution. Though the judges of the Supreme Court are appointed by him, they do not hold their office during the pleasure of the President.
The President (which means the cabinet) in consultation with the members of the Judiciary itself appoints the judges of the Supreme Court i.e. the judges of the Supreme Court and the high courts. This provision ensures that the judicial appointments are not based on any practical or political consideration and thus curtails the absolute discretion of the executive.
The conduct of the judges of the Supreme Court in the discharge of their duties cannot be discussed in the Parliament. This is prohibited by the Constitution, except when an impeachment motion is under consideration of the Parliament.
The Parliament determines the pension, salaries, allowances, leave, and privileges of the judges of the Supreme Court from time to time. Except during a financial emergency, these cannot be changed to their disadvantage.
The pensions, salaries, and allowances of the staff and the judges, as well as administrative expenses of the Supreme Court, are charged on the Consolidated Fund of India. Though these can be discussed by the Parliament these are non-votable.
Note: Other provisions that ensure the independence, neutrality, and impartiality of the Parliament are a ban on practice after retirement, the power to punish for its contempt, the freedom to appoint its staff, its jurisdiction cannot be curtailed, and separation from the executive.
Complete answer:
The Constitution ensures neutrality, independence, and impartiality of the Supreme Court through the following provisions:
The Security of tenure is provided to the judges of the Supreme Court. They can only be removed by the President on the grounds and in the manner mentioned in the Constitution. Though the judges of the Supreme Court are appointed by him, they do not hold their office during the pleasure of the President.
The President (which means the cabinet) in consultation with the members of the Judiciary itself appoints the judges of the Supreme Court i.e. the judges of the Supreme Court and the high courts. This provision ensures that the judicial appointments are not based on any practical or political consideration and thus curtails the absolute discretion of the executive.
The conduct of the judges of the Supreme Court in the discharge of their duties cannot be discussed in the Parliament. This is prohibited by the Constitution, except when an impeachment motion is under consideration of the Parliament.
The Parliament determines the pension, salaries, allowances, leave, and privileges of the judges of the Supreme Court from time to time. Except during a financial emergency, these cannot be changed to their disadvantage.
The pensions, salaries, and allowances of the staff and the judges, as well as administrative expenses of the Supreme Court, are charged on the Consolidated Fund of India. Though these can be discussed by the Parliament these are non-votable.
Note: Other provisions that ensure the independence, neutrality, and impartiality of the Parliament are a ban on practice after retirement, the power to punish for its contempt, the freedom to appoint its staff, its jurisdiction cannot be curtailed, and separation from the executive.
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