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Part IV Separation of Powers, Ch.20 Judicial Independence

Justice (Retd) BN Srikrishna

From: The Oxford Handbook of the Indian Constitution

Edited By: Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 October 2020

This chapter focuses on the independence of the Indian judiciary and how judicial independence has been interpreted and secured in the country’s constitutional law. In particular, it considers the balance between judicial independence and judicial accountability, along with various concerns and goals that have shaped constitutional doctrine in this area. The chapter begins with and primarily focuses upon a study of the appointment of judges to the higher judiciary and its relevance to the debate over judicial independence in India. It then describes the conditions of service of officers and servants of the Indian Supreme Court and the High Courts as spelled out in the Indian Constitution. It also discusses the approach towards disciplinary action against judges, including their impeachment, and concludes by looking at issues that are integral to the question of judicial independence, especially those relating to salaries, tenure, transfers, and removal.

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