Which among the following is/are necessary to provide independence to ...
The correct answer is option A, only 2. Independence of the High Courts is essential for ensuring that they can dispense justice without any interference or pressure from external factors. To provide this independence, it is necessary to separate the High Courts from the influence of the Executive, and to give them the authority to appoint their own staff. This will ensure that the High Courts have the autonomy and resources they need to carry out their duties without any interference or bias.
Options B, C, and D are not necessary for providing independence to the High Courts. Banning their practice after retirement does not directly impact their independence, and giving the court the power to punish for its contempt is not essential for ensuring their independence.
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Which among the following is/are necessary to provide independence to ...
To provide independence to the High Courts, certain measures need to be taken. The following are necessary for ensuring the independence of High Courts:
Separating them from influence of Executive:
- The first necessary step to provide independence to the High Courts is to separate them from the influence of the Executive. This means that the judiciary should not be controlled or influenced by the government or any other external authority.
- The Executive should not have the power to interfere in the functioning of the High Courts, their decisions, or the appointment of judges.
Giving them authority to appoint their own staff:
- Another important factor in ensuring independence is giving the High Courts the authority to appoint their own staff.
- This includes the appointment of administrative and support staff, as well as other personnel required for the smooth functioning of the court.
- By having the power to appoint their own staff, the High Courts can ensure that they have a dedicated team that is loyal to the institution and not influenced by external factors.
Banning their practice after retirement:
- It is also necessary to ban the practice of judges after their retirement from the High Court.
- This prevents any conflict of interest or bias that may arise if retired judges continue to engage in legal practice.
- By barring their practice, the independence of the High Courts is maintained, as the judges are not influenced by the desire to secure future employment or other benefits.
Giving the court the power to punish for its contempt:
- Lastly, it is crucial to grant the High Courts the power to punish for contempt of court.
- This power allows the court to maintain its dignity, authority, and independence.
- If anyone disrespects or undermines the authority of the court, they can be held accountable and face appropriate punishment.
- This power acts as a deterrent and ensures that the court's decisions and rulings are respected by all.
In conclusion, to provide independence to the High Courts, it is necessary to separate them from the influence of the Executive, give them the authority to appoint their own staff, ban their practice after retirement, and grant the court the power to punish for its contempt. These measures collectively protect the independence and integrity of the High Courts, allowing them to function impartially and without external interference.