viii. Independence of the High Court
Independent of the judiciary is essential to ensure fair and unbiased adjudication of disputes and upholding the rule of law. Therefore Constitution has made many provisions to safeguard and ensure the independent and impartial functioning of the High Court. They are mentioned below.
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Mode Of Appointment |
The judges of the High Court are appointed in consultation with the members of the judiciary itself. It curtails the absolute discretion of the executive as well as ensures that the judicial appointments are not based on any political considerations. |
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Security Of Tenure |
The judges of the SC are given security of tenure. They can be removed only by a presidential order on grounds of proven misbehaviour and/or incapacity by an elaborate procedure of impeachment. |
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Salaries And Allowances |
Salaries and allowances of the judges of the Supreme Court are determined by the Parliament. They can not be changed to their disadvantage after their appointmnt. Salaries, pensions, allowances and expenses of the High Court are charged on the consolidated fund of the state. |
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Powers And Jurisdiction |
The jurisdiction of the High Court specified in the Constitution can not be curtailed by the Parliament as well as the State Legislature. However, the Parliament and State Legislature can extend the same. |
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Ban On Practise After Retirement |
The retired permanent judges of the High Court are prohibited from pleading or acting in any court or before any authority in India except the Supreme Court and other high courts. It ensures that they do not favour anyone in the hope of future favour. |