The Appointment Procedure India's Higher Judiciary: A Legal Analysis

Authors:

Kaushal Pratap Singh

Pages: 1-4

Abstract:

Gender The French philosopher Montesquieu proposed the idea of an Independence judiciary. He adhered to the notion that the three branches of government have distinct powers from one another. Even though the Indian Constitution outlines each organ's authority and function in detail, there are nevertheless conflicts between these bodies. India is the only nation in the world where judges participate in the collegium system used to appoint judges. Due to their lack of openness, the Collegium panel has come under severe scrutiny and worthy individuals have been denied the opportunity to serve as judges on an equal basis without providing any justification. The Collegium system has numerous flaws. In order to address these extremely significant difficulties, the National Judicial Appointment Commission Act, 2014's provisions for higher judiciary appointment had been submitted before Parliament. The researcher intends to analyze the role of the Collegium panel in the appointment process of judges in India as well as the method of appointing judges in the higher judiciary.