The judges are part of the judicial department of the state.The other two parts of the tripod are the executive and the legislature. The judges enjoy unique independence and are free from all or any control either by legislature or executive. Law and precedents, law as enacted and law as decided or declared alone guide the judge.
But at the same time it is not completely true about judges independence or freedom.
The Judges are appointed by the executive under the authority of law enacted by legislature. Judiciary itself is creation of law enacted , regulated by legislature. Various civil courts Acts stipulate appointment and dismissal of subordinate court judiciary by the state executive. Certainly at present these powers of executive are passing through respective High Courts.
Similarly at higher level appointments are made by the union government at the centre.
Certain safeguards like selection of the prospective candidates by the high courts or Public Service Commission before appointment at lower level and consultation with the High court and the Supreme Court for higher levels are put in place to prevent the authority from becoming arbitrary or from exercising a disguised form of control.
The Constitution of India ensures independent functioning of our court system and thereby confers independence to the Judiciary as a whole and the Judges.
There cannot be and there is no interference with day to day functioning of the courts or court system from the executive or legislative limb of the government , state and central.
The executive has very little to do with the judges once they are appointed. Of course provisions for amenities like furnitures, books , residential or other infrastructure are in the hands of executive.
This inevitably makes the independence of judiciary vulnerable to some extent.
Here again the Subordinate Judiciary has to ask for any such facilities required in court rooms or otherwise only through representation routed trough the High court.
The disciplinary powers and powers of superintendence for the subordinate
judiciary are with High Courts . THe high court conducts enquiry, initiates proceedings, takes administrative , remedial, corrective , punitive measures including the orders of suspension during the enquiry.
Still the power of dismissal is with government because the appointment is made by government. But generally the recommendations of High Courts are accepted.
But at the same time it is not completely true about judges independence or freedom.
The Judges are appointed by the executive under the authority of law enacted by legislature. Judiciary itself is creation of law enacted , regulated by legislature. Various civil courts Acts stipulate appointment and dismissal of subordinate court judiciary by the state executive. Certainly at present these powers of executive are passing through respective High Courts.
Similarly at higher level appointments are made by the union government at the centre.
Certain safeguards like selection of the prospective candidates by the high courts or Public Service Commission before appointment at lower level and consultation with the High court and the Supreme Court for higher levels are put in place to prevent the authority from becoming arbitrary or from exercising a disguised form of control.
The Constitution of India ensures independent functioning of our court system and thereby confers independence to the Judiciary as a whole and the Judges.
There cannot be and there is no interference with day to day functioning of the courts or court system from the executive or legislative limb of the government , state and central.
The executive has very little to do with the judges once they are appointed. Of course provisions for amenities like furnitures, books , residential or other infrastructure are in the hands of executive.
This inevitably makes the independence of judiciary vulnerable to some extent.
Here again the Subordinate Judiciary has to ask for any such facilities required in court rooms or otherwise only through representation routed trough the High court.
The disciplinary powers and powers of superintendence for the subordinate
judiciary are with High Courts . THe high court conducts enquiry, initiates proceedings, takes administrative , remedial, corrective , punitive measures including the orders of suspension during the enquiry.
Still the power of dismissal is with government because the appointment is made by government. But generally the recommendations of High Courts are accepted.
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