HPAS/Allied Mains 2022 Answer Writing Challenge Day 102 : Model Answer

Question : What are the various Constitutional provisions to safeguard the independence and impartial functioning of the Supreme Court of India? (4 Marks)

Answer: 

Constitutional provisions to safeguard the independence of SC:

• Judges are appointed by the President in consultation with the judiciary itself. (Article 124)
• Security of tenure and fixed service conditions (which cannot be changed to their disadvantage).
• Its jurisdiction cannot be curtailed.
• Expenses are charged on the Consolidated Fund of India.
• Conduct of Judges cannot be discussed in Parliament/state legislatures.
• Ban on practice after retirement (SC judges).
• Power to punish for contempt of court.
• Freedom to appoint its own staff.

An Independent Supreme Court is imperative for effective discharge of their duties, being the guardian of the Constitution and the guarantor of Fundamental Rights.