Q4. How does the Indian Constitution ensure the independence of the judiciary? Discuss the importance of the basic structure doctrine.

The Indian Constitution establishes an independent judiciary as the guardian of the Constitution and fundamental rights. This independence is secured through various provisions and further fortified by the ‘Basic Structure’ doctrine.

Constitutional Provisions for Judicial Independence:

• Security of Tenure (Article 124(4)): Judges of the Supreme Court and High Courts cannot be removed arbitrarily. They can only be removed by the President after an impeachment process passed by a special majority in both Houses of Parliament on grounds of ‘proved misbehaviour or incapacity’.
• Fixed Service Conditions: The salaries, allowances, and privileges of judges are fixed and cannot be varied to their disadvantage during their term (except during a Financial Emergency).
• Expenses Charged on Consolidated Fund: The salaries and allowances of judges are charged on the Consolidated Fund of India (or state), making them non-votable by the legislature.
• Power to Punish for Contempt (Article 129 & 215): The Supreme Court and High Courts have the power to punish for their contempt, insulating them from undue criticism or executive pressure.
• Separation of Judiciary from Executive (Article 50): This Directive Principle guides the state to take steps to separate the judiciary from the executive in public services.

Importance of the Basic Structure Doctrine:

• Propounded in the Kesavananda Bharati v. State of Kerala (1973) case, this doctrine limits Parliament’s power to amend the Constitution under Article 368.
• It holds that Parliament can amend any part of the Constitution, but it cannot alter its “basic structure” or “basic features” (e.g., judicial review, federalism, secularism, parliamentary democracy).
• Judicial independence itself is a part of the basic structure. This doctrine empowers the judiciary to strike down any constitutional amendment that seeks to undermine its own independence or other fundamental tenets of the Constitution, making it the ultimate safeguard.

Conclusion

The constitutional provisions provide operational independence to the judiciary, while the Basic Structure doctrine provides it with the ultimate constitutional and philosophical defense against legislative or executive overreach, ensuring it remains the final arbiter of law.