The Supreme Court has a crucial role in the Indian democratic system, including being a federal court, the highest court of appeal, a guarantor of citizens' fundamental rights, and a guardian of the Constitution. To ensure its independence and impartial functioning, the Constitution provides certain safeguards:
1. Mode of Appointment
- Judges of the Supreme Court are appointed by the President in consultation with the judiciary, limiting executive discretion and preventing political or personal biases in appointments.
2. Security of Tenure
- Judges enjoy security of tenure and can only be removed by the President according to the procedures and grounds outlined in the Constitution, providing them with stability and independence in their roles.
3. Fixed Service Conditions
- Salaries, allowances, and other conditions of service for judges are determined by Parliament and cannot be changed to their disadvantage during their term except during a financial emergency.
4. Expenses Charged on Consolidated Fund
- The salaries, pensions, and administrative expenses of the Supreme Court are charged to the Consolidated Fund of India, making them non-votable and thereby protected from budgetary alterations.
5. Conduct of Judges Cannot Be Discussed
- The conduct of Supreme Court judges in the discharge of their duties cannot be discussed in Parliament or state legislatures except in the context of impeachment.
6. Ban on Practice After Retirement
- Retired Supreme Court judges are prohibited from practicing law in any court or authority in India, ensuring their impartiality and preventing conflicts of interest.
7. Power to Punish for Its Contempt
- The Supreme Court has the power to punish for contempt, safeguarding its authority and maintaining respect for its rulings.
8. Freedom to Appoint Its Staff
- The Chief Justice of India has the authority to appoint staff and set their service conditions without executive interference.
9. Jurisdiction Cannot Be Curtailed
- The jurisdiction and powers of the Supreme Court cannot be curtailed by Parliament, though it can extend them.
10. Separation from Executive
- The Constitution mandates separating the judiciary from the executive, ending the involvement of executive authorities in judicial administration and ensuring the independence of the judiciary.
