Which of the following features has helped to ensure the independence of the judiciary in India?

A) The legislature is not involved in the process of appointment of judges. 
B) Parliament can discuss the conduct of the judges except when the proceeding to remove a judge is being carried out.
C) The Constitution prescribes a very difficult procedure for the removal of judges.
D) The judges have a fixed tenure
E) The judiciary is financially dependent on the executive and legislature. 

Choose the correct answer from the given options:

A, C and D

The correct answer is Option 2 - A, C and D

The correct statements are:

A) The legislature is not involved in the process of appointment of judges.
C) The Constitution prescribes a very difficult procedure for the removal of judges.
D) The judges have a fixed tenure


Correction in the incorrect statement:

B) Parliament CANNOT discuss the conduct of the judges except when the proceeding to remove a judge is being carried out.

E) The judiciary is NOT financially dependent on either the executive or legislature.

The Indian Constitution has ensured the independence of the judiciary through a number of measures:

The legislature is not involved in the process of appointment of judges. Thus, it was believed that party politics would not play a role in the process of appointments. In order to be appointed as a judge, a person must have experience as a lawyer and/or must be well versed in law. Political opinions of the person or his/ her political loyalty should not be the criteria for appointments to judiciary.

The judges have a fixed tenure. They hold office till reaching the age of retirement. Only in exceptional cases, judges may be removed. But otherwise, they have security of tenure. Security of tenure ensures that judges could function without fear or favour. The Constitution prescribes a very difficult procedure for removal of judges. The Constitution makers believed that a difficult procedure of removal would provide security of office to the members of judiciary.

The judiciary is not financially dependent on either the executive or legislature. The Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature. The actions and decisions of the judges are immune from personal criticisms. The judiciary has the power to penalise those who are found guilty of contempt of court. This authority of the court is seen as an effective protection to the judges from unfair criticism. Parliament cannot discuss the conduct of the judges except when the proceeding to remove a judge is being carried out. This gives the judiciary independence to adjudicate without fear of being criticised.