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Is EC, CBI, UPSC and Judiciary Independent in India?

The Election Commission is a totally independent body. This independent constitutional authority handles the administration of the Union and procedures for state elections in India.

The Election Commission, a permanent and independent body established by the Indian Constitution and established in accordance with the Constitution on January 25th, 1950, is responsible for ensuring free and fair elections across the country. The commission is responsible for organising India’s Lok Sabha elections.

The Indian Constitution mentions provisions to safeguard and ensure the Election Commission’s independence and impartiality, and it is a permanent constitutional body among the major constitutional bodies in India.

Therefore, the Election Commission of India is a totally independent body. This independent constitutional authority handles the administration of the Union and State election procedures in India.

The EC administers elections to the Rajya Sabha, Lok Sabha, and State Legislative Assemblies in India and the offices of the President and ice President.

The Election Commission of India has been vested by the Constitution of India with the superintendence, control, and direction of the entire process for the election administration.

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CBI lacks some functional autonomy because it relies on the home ministry for staffing and the Law Ministry for lawyers.

The Central Bureau of Investigation (CBI) is India’s premier law enforcement firm. It is run by the Ministry of Personnel, Public Grievances, and Pensions.

Established in 1963 by the Ministry of Home Affairs resolution, it was later transferred to the Ministry of Personnel and now has the status of an attached office.

However, the CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act of 1946.

And so the CBI lacks some functional autonomy because it relies on the home ministry for staffing and the Law Ministry for lawyers.

Also, when an investigation focuses on a central government employee, the CBI relies on the state government to invoke its authority to investigate the case.

Besides, the CBI is run by IPS officers on deputation, who are vulnerable to the government’s ability to manipulate senior officers as they rely on the central government for future postings.

The CBI operates in accordance with the Code of Criminal Procedure (CrPC), making it an agency of police, and before establishing its presence in a state, the CBI must first obtain permission from the state government. All these factors suggest that the CBI is not fully independent.

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As a constitutional authority, the UPSC, along with the country’s higher judiciary and, more recently, the Election Commission, is one of the few institutions that operate with both autonomy and freedom.

The Union Public Service Commission (UPSC) is India’s central recruiting agency.
It is an independent constitutional body.

Part XIV of the Indian Constitution contains provisions pertaining to the UPSC’s composition, the appointment and removal of its members, and the powers and functions of the UPSC.

As a constitutional authority, the UPSC, along with the country’s higher judiciary and, more recently, the Election Commission, is one of the few institutions that operate with both autonomy and freedom. The commission is headquartered in New Delhi at Dholpur House and operates with its own secretariat.

Besides, members of the Union Public Service Commission have job security. They cannot be removed from office for any reason other than those specified in the Constitution. Members’ salaries and allowances are charged to India’s consolidated fund.

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The people of India may have lost faith in other branches of government, but they remain confident in the country’s judicial system. Even today, when two people disagree, they say to each other, “I’ll see you in court,” which shows that anything can be tainted, but not the judiciary.

The Indian judiciary serves as interpreter of the law and a watchdog for the Indian Constitution, which requires the country to have an independent and integrated judiciary.

The Legislature, the Executive, and the Judiciary, which are the three main pillars of Indian democracy, do not operate in isolation, but are interdependent in order to ensure the proper and systematic operation of the government. However, if executive or legislative decisions or actions are found to violate the Constitution, the judiciary has broad powers to review and strike them down.

The Indian Constitution is protected by the country’s judicial structure and the principles underlying it. The judiciary is responsible for upholding the rights of individuals enshrined in Part III of the Constitution.

The people of India may have lost faith in other branches of government, but they remain confident in the country’s judicial system. Even today, when two people disagree, they say to each other, “I’ll see you in court,” which shows that anything can be tainted, but not the judiciary.

Article 50 of the Constitution states that the state shall separate the judiciary from the executive.

The judicial organ must be free of any kind of dominance or undue influence in order to make fair, just, and unbiased decisions. The judiciary must act on their own free will and conscience, not under threat or influence.

The constitutional provisions that ensure an independent judiciary in India are its

1. Security of Tenure: When a judge is appointed, he remains a judge. The tenure of the judges is secure. They are not appointed at the pleasure of the President. They cannot be removed from their positions without a reasonable reason, let alone on the basis of misbehaviour or incapacity.

2. Powers of the Supreme Court: Article 32 of the Indian Constitution grants the Indian Supreme Court the authority to issue writs. In any case, Parliament cannot limit the power to issue a writ. By law, Parliament cannot limit, reduce, or curtail the Supreme Court’s powers.The Supreme Court has jurisdiction over the entire country of India. It is regarded as the last resort of justice.

3. Salaries and Allowances: The salaries of Supreme Court and High Court judges are fixed and charged to the Consolidated Fund of India and the state, respectively. Their pay cannot be reduced or altered unless an emergency, such as a financial crisis, occurs. The salaries of Supreme Court and High Court judges are determined by the President of India.

4. Punish for Contempt: According to Article 129 of the Indian Constitution, the Supreme Court is a court of record and has the authority (power) to punish for contempt. Article 215 states that the High Court shall be a court of record with the authority to punish for contempt. Both courts have the authority to punish for contempt, whether civil or criminal.

5. Prohibition on Practice After Retirement: After retirement, the Supreme Court judge is no longer permitted to practice in any Indian court, but he may be appointed to tribunals, review panels, or committees. A High Court judge, on the other hand, is permitted to practise in the Supreme Court and other High Courts.

edited and proofread by nikita sharma

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