Judicial Independence
Constitutional Safeguards
Judicial independence is a foundational principle of the Indian Constitution, secured through multiple provisions. Article 121 and Article 211 prohibit Parliament and State Legislatures respectively from discussing the conduct of Supreme Court and High Court judges except on an Address to the President/Governor for removal. Judges' salaries are charged to the Consolidated Fund of India (Articles 112, 202) — not subject to parliamentary vote, insulating judiciary from executive pressure. The procedure for removal of Supreme Court judges (Article 124(4)) requires a special majority in both Houses and a parliamentary address — a very high threshold deliberately designed to protect judicial independence.
- Article 121: Parliament cannot discuss conduct of SC or HC judges except in a removal address
- Article 124(4): Removal of SC judge requires special majority (two-thirds of members present and voting + majority of total membership) in both Houses + Presidential address
- Articles 125/221: SC/HC judges' salaries charged to Consolidated Fund — not voted by Parliament
- Collegium System: SC judges appointed via collegium (CJI + 4 senior-most judges) — executive role limited; basis: S.P. Gupta v. Union of India (1981) and Supreme Court Advocates-on-Record Assn. v. Union of India (1993, the "Second Judges Case")
- Article 50: DPSP directing separation of judiciary from executive
● Tracked since February 21, 2026 · last seen March 10, 2026 · updates as the daily brief publishes