Volume : 5, Issue : 9, SEP 2019

A SYSTEMATIC PATTERNOF JUDICIAL APPOINTMENTS IN INDIAN CONTEXT

DR.V.SOLABUTHISALI

Abstract

The judiciary of any country is the mirror of the country’s political system. It is instrumental in giving a proper mould to the social structure of any country. Hence, the selection of the caretakers of justice is of paramount importance. In fact, the procedure as to how they are selected is also of equal importance. The main objective behind this research paper is how these appointments of judges are done and stress shall be laid upon the fact that their selection is of the same relevance as is their duty of upholding the true ideals of justice. Judicial appointments have always played a crucial role in any political scenario of every country, with India’s case being the recent one. The Indian Constitution has been written keeping it mind the Doctrine of Separation of Powers which includes the Legislature, Executive and Judiciary. The Indian Judiciary has been relatively kept away from any influence of the other organs. The usual selection of the Judges of the High level Courts has been done by the Collegium system. The National Judicial Appointments Commission was said to be a model proposed in order to overthrow the present system of Collegium. But the recent hearing in the Honorable Supreme Court held NJAC to be unconstitutional. The basic flaw was pertaining to the invasion of the executive into the territory of the judiciary which shall result in the judiciary not being independent anymore. Hence, violating the Basic Structure Doctrine. The research paper shall divulge deeper into this contemporary issue of paramount relevance and shall look into the study of the NJAC with keen detail and results of its failure. It shall also throw light on the alternative strategies that can be adopted by the Government in case of inefficient judicial appointments. After all, the judicial appointments of any nation are a doorway to its progression and overall growth.

Keywords

JUDICIARY, DOCTRINE OF POWER, COLLEGIUM, BASIC STRUCTURE DOCTRINE.

Article : Download PDF

Cite This Article

Article No : 40

Number of Downloads : 449

References

  1. (2011, Sep 27) A Look into the Past: S.P. Gupta v. Union of India. Retrieved from https:// letstalkaboutthelaw.wordpress.com/tag/sp-gupta-v-union-of-india/.
  2. (2015, Jul 4) The Narratives of Judicial Appointments. Retrieved from https://polityinindia. wordpress.com/tag/in-re-presidential-reference-under-article-1431-of-theconstitution-of-india/
  3. (2015, Dec 16) NJAC v. Collegium: The Debate Decoded, The Hindu. Retrieved from http:// www.thehindu.com/specials/in-depth/njac-vs-collegium-the-debate-decoded/article7768919.ece.
  4. Anand, U. (2015, Oct 16) Appointment of Judges: 34 year stop start battle of interpretation, Indian Express. Retrieved from http://indianexpress.com /article/explained/appointment-of-judges-34-year-stop-startbattle-of-interpretation/.
  5. Basu, D.D. (2013) Introduction to the Constitution of India, Nagpur, Lexis Nexis Butter worths Wadhwa Constitution of India, 1950
  6. Judiciary of Hopes and Aspirations, The Law Teacher. Retrieved from http://www.lawteacher.net /free-lawessays/judicial-law/judiciary-of-hope-and-aspirations.php.
  7. Neo Collegium Order (2015, Dec 16). Retrieved from http://s3.documentcloud.org/documents/250 5344/pinky-anand-arvind-datar-njac-collegium.pdf.
  8. Report filed in Supreme Court. Retrieved at http://s3.documentcloud.org/documents/2505344/pinky-anandarvind-datar-njac-collegium.pdf
  9. Supreme Court Advocates-on-Record - Association and another v. Union of India, para 134 pp. 328.
  10. Retrieved from http://s3.documentcloud.org /documents/2461419/njac-judgment.pdf
  11. SCOI Report (2015, Dec 16) Neo- Collegium order a Damp Squib- SC asks government to prepare collegium procedure Retrieved from http:// www.legallyindia.com/scoi-reports/over-to-you-sc-asksgovernment-to-prepare-collegium-procedure.