Question: Many provisions of the Constitution are intended to secure the independence and impartiality of the High Courts. In this context explain the significance of each of the following provisions: (i) Security of Tenure. (ii) Salaries and allowances of the Judges.
Answer:
(i) Security of Tenure: A Judge can remain in office till he has attained the age of 62 years. He: can be removed by the President on the ground of proved misbehaviour or incapacity on an address of each House of Parliament. Such an address (request) should be supported by a majority of the total membership of the House and by two-thirds of the members present and voting.
(ii) Salaries and allowances of the Judges: Judge’s salaries, allowances, etc., shall not be varied to their disadvantage during their term of office. Moreover, they are charged on the Consolidated Fund of the State and are not subject to a vote of the Legislature. The salaries of the Judges cannot be reduced except during periods of financial emergency.
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