Contempt of Court and Judicial Independence


 
 
Concept Explanation
 

Contempt of Court and Judicial Independence

Independence of Supreme Court

  • The following provisions of the Indian Constitution ensure the independence of the judiciary:
  • Separation of the judiciary from other organs of the Government i.e Article 50 of the Constitution directs the State that the state shall endeavour to separate the judiciary from the executive in the public services.
  • Lack of executive intervention in appointment of judges.
  • The judges have been provided with security of tenure.
  • The privileges enjoyed by the judges, i.e the conduct of the judge in his duty, cannot be discussed in Parliament or any House of the State Legislature.
  • The judiciary has the power to punish for its contempt. By this power, the court maintains its dignity and prestige.
  • Salary allowances received by judges are weighted on the Consolidated Fund of India, therefore, it is outside the interference of the legislature, i.e it cannot be voted on in Parliament.
  • The jurisdiction of the judiciary cannot be cut by Parliament.
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    Sample Questions
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    Question : 1

    Which of the following articles established a separation of power between the judiciary and the legislature as well as the controlling coordination ?

    Right Option : C
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    Explanation
    Question : 2

    Which of the following are correct :

    (a) Judges are generally appointed on the basis of seniority and not on political preference.

    (b) The jurisdiction of the judiciary can be cut by Parliament.

    Right Option : A
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    Explanation
    Question : 3

    Which of the following are correct :

    (a) The judiciary and Parliament are both supreme in India.

    (b) The salary and allowances of a judge of the Supreme Court can be reduced after appointment.

    (c) A Judge of the Supreme Court can be removed from office.

    Right Option : A
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    Explanation
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