Judicial Independence and Impartiality in the Constitution

The Constitution of India provides several provisions to ensure the independence of the judiciary and the impartial functioning of the judicial system. These provisions are aimed at maintaining the integrity of the judiciary and safeguarding it from external influences. Let us discuss some of the key provisions in detail:

1. Appointment and Tenure of Judges:
- Article 124 of the Constitution provides for the appointment of judges to the Supreme Court. It states that the President shall appoint judges after consulting with the Chief Justice of India and other senior judges.
- Article 217 deals with the appointment of judges to the High Courts. It follows a similar process of consultation with the Chief Justice of India and the Governor of the concerned state.
- The Constitution also provides for the security of tenure for judges. Once appointed, judges can only be removed through a process of impeachment by the Parliament, which ensures their independence from political interference.

2. Salaries and Allowances:
- Article 125 of the Constitution guarantees that the salaries, allowances, and privileges of judges cannot be altered to their disadvantage after their appointment.
- This provision ensures that judges are not influenced by financial considerations and can independently perform their duties without fear or favor.

3. Administrative Control:
- The Constitution establishes an independent judiciary, separate from the executive and legislature. Article 50 emphasizes the separation of powers and underscores the need for an independent judiciary.
- The Supreme Court has been granted extensive administrative control over the subordinate judiciary through Article 235. It enables the Supreme Court to exercise supervision and control over the district courts and other subordinate courts.

4. Judicial Review:
- The Constitution provides for the power of judicial review, which allows the judiciary to review the constitutionality of laws and executive actions. This power ensures that the judiciary acts as a check on the other branches of the government, preventing any abuse of power.

5. Equality and Non-Discrimination:
- Article 14 of the Constitution guarantees the right to equality before the law. This principle ensures that the judiciary treats all individuals equally, without any discrimination based on caste, religion, gender, or any other grounds.
- This provision contributes to the impartiality of the judiciary by ensuring that justice is delivered without prejudice.

6. Judicial Accountability:
- While judicial independence is crucial, the Constitution also provides for mechanisms to hold judges accountable for their actions. The process of impeachment outlined in Article 124(4) and Article 217(1) allows for the removal of judges in case of proven misbehavior or incapacity.

In conclusion, the Constitution of India contains various provisions to ensure the independence and impartial functioning of the judiciary. These provisions address aspects such as appointment and tenure of judges, salaries and allowances, administrative control, judicial review, equality, and judicial accountability. By safeguarding the independence and impartiality of the judiciary, the Constitution upholds the principles of justice and the rule of law in the country.