APPOINTMENT OF JUDGES IN INDIA THROUGH COLLEGIUM SYSTEM: A CRITICAL PERSPECTIVE

APPOINTMENT OF JUDGES IN INDIA THROUGH COLLEGIUM SYSTEM: A CRITICAL PERSPECTIVE

Registration ID: IJNRD_214542

Published ID: IJNRD2402369

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HIMANSHU SINGH URF ANUJ KUMAR , Dr. Haider Ali

Judiciary Constitution Supreme Court

Abstract Tracing the history of appointment process before India’s independence, we can ascertain that Crown under the government of India Act 1919 and Act 1935, enjoyed the paramount discretion in the appointment of judges. Subsequent to India’s independence and with the abolition of Privy Council Act, there was an end to the broad jurisdiction of Privy Council and the same got vested in the federal court. The Supreme Court of India was established on 26 January, 1950, which is now the highest court of competent jurisdiction. The High Court appointments, were also subjects of vigorous debate in the Constituent Assembly. The main issue before the Assembly was to incorporate a mechanism which would guarantee independence of judiciary. If we go through the debates of the assembly, we would find that the debates culminated in giving power of appointment to the executive. However, since the drafters were acquainted with the fact that giving unrestricted discretion to the executive in the matter of judicial appointment had been a nightmare for Britishers, therefore checks and balances are required, if at all the discretion has to be given to the executive. This would ensure that judges, in Nehru’s words, would be “people who can stand up against the executive government and whoever may come in their way”. It was decided by the constituent assembly that promoting legislature’s role in appointment would only make it an object of political bargain. A viable option highlighted was that legislative role in the appointments should be minimized to commensurate level and the president would appoint judges in consultation with the Chief Justice of India. The Constituent Assembly agreed on a system by which the President would appoint judges, albeit after mandatorily consulting the Chief Justice of India. The Chief Justice of India was entrusted with this constitutional role, since he could provide the necessary apolitical antidote to politically motivated selections by the executive, if they were mooted.

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"APPOINTMENT OF JUDGES IN INDIA THROUGH COLLEGIUM SYSTEM: A CRITICAL PERSPECTIVE", IJNRD - INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT (www.IJNRD.org), ISSN:2456-4184, Vol.9, Issue 2, page no.d656-d664, February-2024, Available :https://ijnrd.org/papers/IJNRD2402369.pdf

Volume 9 Issue 2, February-2024

Pages : d656-d664

Paper Reg. ID: IJNRD_214542

Published Paper Id: IJNRD2402369

Downloads: 000121233

Research Area: Arts

Country: PILIBHIT, UTTAR PRADESH, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2402369.pdf

Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2402369

Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016

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