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:

Correct option is B

The correct answer is A, B, and C as these provisions ensure the independence of the Indian Judicial system. The legislature is not involved in the appointment process of judges, ensuring a separation of powers. Judges are appointed for a fixed tenure until the age of retirement, and Parliament cannot discuss the conduct of judges except in the process of impeachment. These safeguards protect the judiciary from executive and legislative interference, maintaining its autonomy. The oath administered by the President is a formal process and does not directly impact judicial independence.

Information Booster:

·       Non-involvement of the legislature in the appointment process ensures judicial appointments are free from political influence.

·       Fixed tenure of judges protects them from arbitrary removal and helps maintain impartiality in their decisions.

·       Parliament cannot discuss the conduct of judges in normal proceedings, safeguarding them from political pressures.

·       The judiciary’s independence is one of the cornerstones of India’s democracy and separation of powers.

·       Judicial review is another mechanism that further ensures independence, allowing courts to assess the constitutionality of laws.

Additional Knowledge:

·       Non-involvement of the legislature in judge appointments: The judiciary's appointments are conducted through a collegium system, comprising senior judges. This separation ensures that judges are appointed based on merit, without legislative or political influence.

·       Fixed tenure of judges: Supreme Court and High Court judges in India have a fixed retirement age, 65 years for Supreme Court judges and 62 years for High Court judges. This fixed tenure protects them from arbitrary removal and allows them to make decisions without fear of repercussions, thus contributing to their independence.

·       Parliament cannot discuss the conduct of judges: Article 121 of the Indian Constitution prohibits any discussion in Parliament regarding the conduct of judges, except during the impeachment process. This protection prevents undue interference in the functioning of the judiciary by the legislature.

·       Oath administered by the President: While the President administers the oath to the Chief Justice of India and other judges of the Supreme Court, this is a constitutional formality and does not influence the judiciary’s functioning or independence. The oath taken emphasizes the protection of the Constitution and upholding the law.