
The Constitution of India has ensured the independence of the judiciary by:
(i) Protecting salaries and service conditions of judges.
(ii) Prohibiting the judges from carrying on practice in courts of law after retirement.
(iii) Providing Single judiciary.
(iv) Ensuring the security of tenure of judges.
A. ii, iii, iv
B. i, ii, iv
C. i, ii,iii,iv
D. i, iii
Answer
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Hint: The principle of judicial independence is of modern origin and is recognized as a characteristic of a democratic, liberal society. But neither in the Constitution of India nor in the Law on General Clauses has the word independence been specified.
Complete answer:
Independence of the judiciary in the democratic form of governance is important. There is a worldwide debate on the question that the judiciary should be independent of any kind of pressures and pulls, i.e. from within and outside, after the establishment of the democratic form of government in the world. In countries with written constitutions, the independence of the judiciary has acquired added value. Judicial independence is generally guaranteed by the Constitution of India, but it can also be guaranteed by rules, conventions, and other relevant norms and practices. However, the legislative or fundamental laws of the judiciary are just the starting point in the process of ensuring judicial independence. The Indian Constitution has introduced a single and integrated judiciary, but certain provisions have also been made to ensure the judiciary's independence.
Set Terms of Service - The wages, compensation, privileges, and pensions of the Judges shall be decided by Parliament and shall not, except in the circumstances specifically provided for in the Constitution, be altered to their disadvantage. Protection of Tenure - The President appoints judges and they may be dismissed on strict grounds. During the president's pleasure, they do not hold office. Ban on Practice after Retirement - Judges are barred from pleading or acting after their retirement in any court in India. This means that for potential benefit, they do not have to favor someone during their work.
So, the correct answer is Option B.
Note: The independence of the judiciary ultimately depends on the entirety of a favorable climate created and endorsed by all state bodies, including the judiciary and public opinion. It is also important to continuously protect the independence of the judiciary against unforeseen events and changing social, political, and economic conditions; it is too fragile to be left unguarded.
Complete answer:
Independence of the judiciary in the democratic form of governance is important. There is a worldwide debate on the question that the judiciary should be independent of any kind of pressures and pulls, i.e. from within and outside, after the establishment of the democratic form of government in the world. In countries with written constitutions, the independence of the judiciary has acquired added value. Judicial independence is generally guaranteed by the Constitution of India, but it can also be guaranteed by rules, conventions, and other relevant norms and practices. However, the legislative or fundamental laws of the judiciary are just the starting point in the process of ensuring judicial independence. The Indian Constitution has introduced a single and integrated judiciary, but certain provisions have also been made to ensure the judiciary's independence.
Set Terms of Service - The wages, compensation, privileges, and pensions of the Judges shall be decided by Parliament and shall not, except in the circumstances specifically provided for in the Constitution, be altered to their disadvantage. Protection of Tenure - The President appoints judges and they may be dismissed on strict grounds. During the president's pleasure, they do not hold office. Ban on Practice after Retirement - Judges are barred from pleading or acting after their retirement in any court in India. This means that for potential benefit, they do not have to favor someone during their work.
So, the correct answer is Option B.
Note: The independence of the judiciary ultimately depends on the entirety of a favorable climate created and endorsed by all state bodies, including the judiciary and public opinion. It is also important to continuously protect the independence of the judiciary against unforeseen events and changing social, political, and economic conditions; it is too fragile to be left unguarded.
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