Constitution, role and impartiality of courts

The essentials

Courts are created and protected by the Constitution so that they can act as neutral umpires between citizens and between citizens and the State. Their main roles are to settle disputes, interpret the Constitution and laws, protect Fundamental Rights and keep other organs of government within their limits. To perform these roles fairly, courts must be independent (free from pressure by the legislature, executive or private interests) and impartial (free from bias in a particular case).

Key points

• Constitutional safeguards for independence: security of tenure; removal only by a special procedure in Parliament; salaries charged on the Consolidated Fund and not reduced to their disadvantage during their term (except in a financial emergency); restrictions on post-retirement practice; power to punish for contempt.
• Separation of powers: Article 50 (a Directive Principle) asks the State to separate the judiciary from the executive in public services.
• Discussion of conduct: Parliament cannot discuss the conduct of a Supreme Court or High Court judge in the discharge of duties except on a motion for removal (Article 121); state legislatures cannot discuss it at all (Article 211).
• Impartiality: a judge must not hear a case in which he has a personal interest; judges often recuse themselves to avoid even an appearance of bias. This reflects the maxim nemo judex in causa sua.
• Roles of courts: dispute resolution, interpretation, guardian of Fundamental Rights, judicial review, and expanding access through Public Interest Litigation.

Exam tips

• Distinguish independence (institutional freedom from other organs) from impartiality (absence of bias in a single case).
• Remember that the expenses of the Supreme Court are charged on the Consolidated Fund of India, so they are not voted upon.

Common mistakes

• Assuming judicial independence means courts are unaccountable – judges can still be removed for proved misbehaviour or incapacity, and judgments can be appealed.
• Treating Article 50 as an enforceable right; it is a Directive Principle.