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As we shall study below in this chapter, judiciary has the powers and responsibility to protect the fundamental rights from violations by actions of the government. It is part of the political process.īesides this, no organ of the government can act in a manner that violates them. The appointment of judges has newer been free from political controversy. This gives the judiciary independence to adjudicate without fear of being criticized. Parliament cannot discuss the conduct of the judges except when the proceeding to remove a judge is being carried out. This authority of the court is seen as an effective protection to the judges from unfair criticism. The judiciary has the power to penalize those who are found guilty of contempt of court. The actions and decisions for the judges are immune from personal criticisms.

The Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature. The judiciary is not financially dependent on either the executive or legislature. The constitution makers believed that a difficult procedure of removal would provide security of office to the members fo judiciary.

The constitution prescribes a very difficult procedure for removal of judges. Security of tenure ensures that judges could function without favours. Only in exceptional cases, judges may be removed. They hold office till reaching the age of retirement. Political opinions of the person or his/her political loyalty should not be the criteria for appointments to judiciary. In order to be appointed as a judge, a person must have experience as a lawyer and/or must be well versed in law.

Thus, it was believed that party politics would not play a role in the process of appointments. The legislature is not involved in the process of appointment of judges. The Indian Constitution has ensured the independence of the judiciary through a number of measures.