Question

In a democratic system, the impartiality of the judiciary is best characterized by which of the following principles?

• A. Strident adherence to personal beliefs and ideologies
• B. Rigorous alignment with executive branch policies
• C. Unbiased interpretation of legal statutes and constitutional provisions
• D. Active participation in partisan political activities

Answer 1

Answer:

C. Unbiased interpretation of legal statutes and constitutional provisions

• The impartiality of the judiciary refers to the principle that judges and the court system must remain neutral and unbiased in their decisions and interpretations of the law.
• It entails the fair and equitable treatment of all parties involved in legal proceedings, without any undue influence from personal beliefs, political pressures, or external factors.
• Impartiality ensures that judges make their judgments solely based on the merits of the case, the applicable laws, and the Constitution, without favoring any particular individual, group, or political agenda.
• Judicial Independence is guaranteed in the constitution and reaffirmed by the Kesavananda Bharati (1973) Judgement. 

Provisions that ensure Judicial Independence in India :

• Security of Tenure:
  
  • Judges continue to remain in office till they reach the age of 65 years in the case of judges of the Supreme Court (Art. 124(2)) and 
  • 62 years in the case of judges of the High Courts (Art. 217(1)).
• Removal of Judges: 
  
  • They cannot be removed from the office except by an order of the President and that too on the ground of proven misbehaviour and incapacity.
  • The resolution has also to be accepted to that effect by a majority of the total membership of each House of Parliament.
  • Also by a majority of no less than two-third of the members of the house present and voting.
  • It is so complicated that there has been no case of the removal of a Judge of the Supreme Court or High Court under this provision.
• Salaries and Allowances of Judges:
  • The judges are independent as their salaries and allowances are fixed and are not subject to a vote of the legislature.
• Separation of the Judiciary from the Executive:
  • Article 50 states that the state shall take steps to separate the judiciary from the executive in the public services of the state.