Question 7 of 16intermediate🔍 AnalyzeMCQ1 mark

What are the different ways in which the independence of the judiciary is ensured? Choose the odd ones out.

Exercise: EXERCISES | Q: 1 | (Page 23)
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Explanation

The odd one out is option (iii) - 'Judge of a High Court cannot be transferred to another High Court.' This statement is factually incorrect. In reality, judges of High Courts CAN be transferred to another High Court by the President in consultation with the Chief Justice of India. The other three options correctly describe measures that ensure the independence of the judiciary: (i) consultation with the Chief Justice ensures judicial input in appointments, (ii) security of tenure until retirement age protects judges from arbitrary removal, and (iv) keeping Parliament out of appointments prevents political interference. The context clearly states that 'The legislature is not involved in the process of appointment of judges' and mentions that judges must be able to perform their functions without fear or favour.

Solution Steps

  1. Step 1: Analyze each option to determine if it correctly describes a measure ensuring judicial independence.

  2. Step 2: Option (i) is correct - CJI consultation in appointments ensures judicial independence.

  3. Step 3: Option (ii) is correct - Security of tenure ensures judges can work without fear.

  4. Step 4: Option (iii) is INCORRECT - High Court judges CAN be transferred, making this the odd one out.

  5. Step 5: Option (iv) is correct - Parliament's non-involvement prevents political interference in appointments.

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