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INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016 Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI) |
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| Paper Title: | APPOINTMENT OF JUDGES IN INDIA THROUGH COLLEGIUM SYSTEM: A CRITICAL PERSPECTIVE |
| Authors Name: | HIMANSHU SINGH URF ANUJ KUMAR , Dr. Haider Ali |
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IJNRD_214542
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| Published Paper Id: | IJNRD2402369 |
| Published In: | Volume 9 Issue 2, February-2024 |
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| Abstract: | 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. |
| Keywords: | Judiciary Constitution Supreme Court |
| Cite Article: | "APPOINTMENT OF JUDGES IN INDIA THROUGH COLLEGIUM SYSTEM: A CRITICAL PERSPECTIVE", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.9, Issue 2, page no.d656-d664, February-2024, Available :http://www.ijnrd.org/papers/IJNRD2402369.pdf |
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2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
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Published Paper ID:IJNRD2402369 Registration ID: 214542 Published In: Volume 9 Issue 2, February-2024 DOI (Digital Object Identifier): Page No: d656-d664 Country: PILIBHIT, UTTAR PRADESH, India Research Area: Arts Publisher : IJ Publication Published Paper URL : https://www.ijnrd.org/viewpaperforall?paper=IJNRD2402369 Published Paper PDF: https://www.ijnrd.org/papers/IJNRD2402369 |
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ISSN: 2456-4184
Impact Factor: 8.76 and ISSN APPROVED
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