Independence of High Court

Independence of High Court

• The independence of a high court is very essential for the effective discharge of the duties assigned to it.
• It should be free from the encroachments, pressures and interferences of the executive (council of ministers) and the legislature.
• It should be allowed to do justice without fear or favour.

Constitutional Provisions of Independence of High Courts

• The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of a high court.

Mode of Appointment

• • Judges of the High Court are appointed by the President in consultation with the members of the judiciary (i.e., chief justice of India and the chief justice of the high court).
  • This curtails the absolute discretion of the executive and ensures that the judicial appointments are not based on any political or practical considerations.

Security of Tenure

• • They can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution.
  • “Doctrine of pleasure” of president not applicable. This means that they do not hold their office during the pleasure of the president, though they are appointed by him.

Fixed Service Conditions

• • The salaries, allowances, privileges, leave and pension of the judges of a high court are determined from time to time by the Parliament.
  • They cannot be changed to their disadvantage after their appointment except during a financial emergency (Article 360).

Expenses Charged on the Consolidated Fund of State

• • Salaries, allowances and pensions of the judges and staff, administrative expenses of the High Court are charged on the consolidated fund of the state.
  • They are Non-votable by the State legislature (they can only be discussed).
  • The Pension of a judges of High Court is charged on the Consolidated Fund of India and not the state.

Conduct of Judges Cannot be discussed

• • Prohibition of any discussion in Parliament or in a State Legislature with respect to the conduct of the judges of the High Court in the discharge of their duties, except when an impeachment motion is under consideration.

Ban on Practice after Retirement

• • The retired permanent judges of a High Court are prohibited from pleading or acting in any court or before any authority in India except the Supreme Court and the other high courts.

Power to Punish for its Contempt

• • High court can punish any person for its contempt. This power is vested in a high court to maintain its authority, dignity and honour.
  • Thus, actions and decisions of High Court cannot be criticised and opposed by anybody.

Freedom to appoint its staff

• • Chief Justice of High Court can appoint officers and servants of the High Court and also prescribe their conditions of service.

Jurisdiction cannot be curtailed

• • Parliament and state legislature can extend the jurisdiction of High Court but not authorised to curtail the jurisdiction and powers of the High Court.
  • But, in other respects, the jurisdiction and powers of a high court can be changed both by the parliament and the state legislature.

Separation from Executive

• • The Constitution directs the state to take steps to separate the judiciary from the executive in public services.
  • The constitution envisaged that executive authorities should not possess the judicial powers.

 

So, this is all about the introductory post on the Supreme Court of India and its Judges. If you want to read more notes on Indian Polity – Click Here.

In the Next Post (Click Here), we will learn about the Independence of Supreme Court of India.

 

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