INDIAN JUDICIARY LESSON 2 BY SWETA CHOWDHURY
INDEPENDENCE OF THE JUDICIARY APPOINTMENT- Nine Judge bench of the Supreme Court laid down the process of Consultation with the Chief Justice of India- Collegium- CJI cannot proceed with a recommendation if two or more members of the collegium dissent- no pure politics- appointment not left entirely on the Council of Ministers RIGID PROCESS OF REMoVAL- Impeachment-joint address by both the Houses of Parliament- majority of the total membership and two-thirds of the members present and voting in each House- only on the grounds of'proved misbehaviour or incapacity'- holding office 'on good behaviour'
INDEPENDENCE OF THE JUDICIARY SALARY- Fixed in the Constitution- allowances, leave, pension can be determined by laws made by Parliament but these cannot be altered to the disadvantage of a Judge during his tenure- Art. 125(2) However, the President is empowered to not adhere to the provision during a period of'Financial Emergency'- Art. 360 (4)(b) SOURCE OF EXPENDITURE OF THE SUPREME COURT Consolidated Fund of India-immune from vote in Parliament Art. 146(3)
INDEPENDENCE OF THE JUDICIARY CONTEMPT OF COURT. No discussion with regard to the conduct of a Judge of the Supreme Court or a High Court in Parliament excep moved- Art. 121 t when a motion of Impeachment has been POST RETIREMENT MEASURES- No Judge of the Supreme Court will plead or act in a Court or before any authority in India after retirement- Art. 124 (7)
PARLIAMENTARY CONTROL OVER THE HIGH COURTS NEED TO KEEP THEM SECURE FROM 'PROVINCIAL POLITICS Control with regard to appointment, transfer, removal and a decision with regard to the dispute revolving around the age of the Judges of the High Court Exclusive powers of the Parliament to establish and determine the organisation of the High Courts- constitution of a common High Court for two or more States, expansion of the jurisdiction of the Court- appointment of additional iudges- Art.224 Transfer of the Judges from one High Court to the other- Fifty Judges were transferred in the year 1994- limited by the Supreme Court- transfer cannot be made by the President without the recommendation of the Chief Justice of India
Xaverian and Presidencian possessing B.A. and M.A. in Political Science with a quest for liberating through knowledge. UGC NET qualified.