Which among the following provisions ensures independence of Indian Judicial…
2023
Which among the following provisions ensures independence of Indian Judicial system?
A. The legislature is not involved in the process of appointment of judges
B. Fixed tenure of judges
C. Parliament cannot discuss the conduct of judges
D. The President administers the oath to the Chief Justice of Supreme Court
Choose the correct option:
- A.
A, B and D
- B.
A, C and D
- C.
A, B, C and D
- D.
A, B and C
Show answer & explanation
Correct answer: D
Judicial independence in the Indian Constitution rests on institutional safeguards that insulate judges from political control. These fall into three categories: keeping the legislature out of the process of appointing judges, guaranteeing a fixed, secure tenure so that a judge cannot be removed except through the demanding impeachment procedure under Article 124(4), and barring Parliament from discussing a judge's conduct in the discharge of duties except during that same removal motion under Article 121. A merely procedural or ceremonial act, by contrast, does not by itself protect judicial independence.
Statement A: judges are appointed through the collegium mechanism, with the President formally appointing on the recommendation of the judiciary; the legislature plays no formal role in this process, so it functions as a genuine safeguard against political interference in appointments.
Statement B: Supreme Court judges hold office until the age of 65 and can be removed only through the impeachment process under Article 124(4), so this security of tenure is a genuine safeguard against arbitrary removal.
Statement C: Article 121 bars Parliament from discussing a judge's conduct in the discharge of duties except during a motion for removal, so this restriction genuinely shields judges from routine legislative scrutiny.
Statement D: administering the oath to the Chief Justice is a one-time inaugural formality conducted under Article 124(6), which authorises the President or a person appointed by the President for the purpose (by convention, the President personally administers it to the Chief Justice); it inducts the office-holder into the role but does not itself insulate the judge from removal, pay changes, or parliamentary discussion of conduct going forward.
Contrasting each statement against the concept: statements A, B and C each correspond to one of the three structural protections named above (appointment insulation, tenure security, and the conduct-discussion bar), while statement D is simply a ceremonial procedural step with no independence-protecting function of its own — a formality of office is not a structural safeguard.
Hence, the provisions that ensure independence of the Indian Judicial system are A, B and C.