GK Question

polity hard mcq

During Financial Emergency under Article 360, the President can issue directions to reduce salaries of High Court Judges. Which constitutional safeguard ensures judicial independence is not undermined?

  1. Judges cannot be removed during Emergency
  2. Salary reduction requires Parliamentary approval
  3. Judges' tenure and removal procedure remain unchanged
  4. All of the above

Answer: All of the above

Judicial independence during Financial Emergency: (a) Article 360(4)(b): President may issue directions for reduction of salaries of all government officials including High Court Judges, (b) Safeguards: (i) Judges' tenure protected (Article 217: retirement at 62; removal only via impeachment under Article 124(4) procedure), (ii) Salary reduction requires Parliamentary approval of Financial Emergency proclamation (Article 360(2)), (iii) Reduction temporary; reverts post-Emergency, (iv) Judicial review ensures directions not mala fide or disproportionate, (c) Rationale: Balance fiscal discipline during crisis with institutional independence; assume crisis temporary, safeguards permanent, (d) Historical note: Never invoked; reflects political consensus against using this provision. Illustrates nuanced constitutional design: crisis-responsive measures within framework protecting core institutional independence.

Topic Emergency Powers - Article 360 Financial Emergency Effects on Judiciary
Exam Relevance Financial Emergency and judiciary critical for UPSC Mains and Judiciary exams