Rahul Goyal, KIIT School of Law
ABSTRACT
Although the Indian constitution does not follow a strict concept of separation of powers, it ensures an independent judiciary at both the national and state levels. It is incredible that similar precautions were not taken in the constitution to protect judges and ensure the status and dignity of their seemingly obvious position. The Constitution has clearly laid down provisions that grant immunities and privileges to the heads and members of the executive and legislative branches and proportionately protect their dignity and honor. The constitutional problem is how to achieve social, economic and political justice for the population without ensuring the infallibility of those responsible for its implementation. However, the Constitution correctly guarantees the independence of judges by guaranteeing the Supreme Court and Supreme Court judges a guarantee and a fixed salary. In fact, factors such as inadequate compensation and retirement benefits, incentives to return to senior management after retirement, temporary appointments, and participation in judicial appointments and transfers affect judicial independence.
Keywords: Independence, Judiciary, Constitution
