Judges unconstitutional. On the other hand, the Judiciary
Judges are appointed almost for a fixed period and their conditions of service cannot be altered to their disadvantage during their tenure. They are provided with high salaries and their conduct is made a subject beyond the scope of the discussion in the legislature.
They can be removed from their offices by the Parliament through specific procedure. The entire system of Judiciary is single and integrated. Unlike the judiciary in the United States of America, the Judiciary in India is integrated and organised in a hierarchical manner.
The Judiciary occupies an important place in our Constitution. It protects the Fundamental Rights and safeguards the provisions of the Constitution. In fact, it is said to be the guardian of the Constitution.
There is limited Judicial Review in India. Our Judiciary is not as powerful as the American Judiciary. In the U.S.A., the Judiciary can question the validity of any law on grounds of natural justice. But the Indian judiciary cannot question the laws of the Parliament on such grounds. Only when the laws of the Parliament specifically go against the Previsions of Constitution, the Judiciary can declare those laws as ultra vires.
In our Constitution, it seems, there is a compromise between the Judicial Supremacy of America and Parliamentary Sovereignty of England.
Under the English Constitution the Parliament is supreme and can do anything that is naturally possible and Courts cannot nullify an act of Parliament on any ground whatsoever.
This unlimited supremacy of the Parliament is not found in Indian Constitution. The Parliament is limited in its power under the terms of the Constitution. If it goes beyond them, the Judiciary will restrict it and declare its laws as unconstitutional. On the other hand, the Judiciary is not above the Constitution.
It is also bound by the terms of the Constitution. Once the Constitution is amended, the Judiciary should act according to the provisions of the amendment of the Constitution. Thus, the Indian Constitution does not place supremacy in the hands of either the Legislature or of the Judiciary. Wisely a compromise has been struck between Parliamentary Sovereignty and Judicial Supremacy.
The controversial 42nd Constitution Amendment had restricted the powers the Judiciary and upheld the supremacy of the Parliament. The Janata Government, at the Centre in 1978 restored back the powers the Judiciary by subsequent constitution amendments.