The Constitution has made the following provisions:
- Mode of Appointment: Judges appointed by President in consultation with judiciary, curtailing executive discretion.
- Security of Tenure: Judges removed only by Parliament’s recommendation, not President’s pleasure.
- Fixed Service Conditions: Salaries, allowances, etc., determined by Parliament, not varied to disadvantage (except financial emergency).
- Expenses Charged on Consolidated Fund: Salaries, allowances, pensions of judges and staff, and administrative expenses are charged on the Consolidated Fund of the state (non-votable). Pension of a high court judge is charged on Consolidated Fund of India, not state.
- Conduct of Judges cannot be Discussed: Prohibited in Parliament/State Legislature, except during impeachment.
- Ban on Practice after Retirement: Retired permanent judges prohibited from pleading/acting in any court/authority in India (except Supreme Court and other high courts).
- Power to Punish for its Contempt: Can punish any person for contempt to maintain authority, dignity, and honour.
- Freedom to Appoint its Staff: Chief Justice can appoint officers/servants without executive interference and prescribe conditions.
- Its Jurisdiction cannot be Curtailed: Jurisdiction and powers specified in Constitution cannot be curtailed by Parliament or state legislature.