How is the independence of the judiciary ensured by the Constitution?

● Independence of the judiciary implies that it is not under the control of the legislature or the executive.

● The judges do not act on the directions of the ruling party or any other political power.

● So, most of the democracies have an independent judiciary.

● The Supreme Court and the High Courts judges are appointed by the President on the advice of the Prime Minister and consultation with the Chief Justice of the Supreme Court.

● The senior judges of the Supreme Court select the new judges of the Supreme Court and the High Courts.

● There is little scope for interference by the political executive.

● The senior most judge of the Supreme Court is appointed by the Chief Justice.

● Once a person is appointed as the judge of the Supreme Court or the High Court, it is impossible to remove him

● He can be removed only by an impeachment motion passed separately by 2/3 members of both the Houses of the Parliament.

● This has never occured in the history of Indian democracy.