Appointment Of Higher Judiciary In India: Collegium Or Commission

Publication Information

Journal Title: Indian Politics & Law Review
Author(s): Kirti Bajaj
Published On: 05/06/2021
Volume: 6
First Page: 185
Last Page: 200
ISSN: 2581-7086
Publisher: The Law Brigade Publisher

DOI Not Allotted [Get DOI]

Cite this Article

Kirti Bajaj, Appointment Of Higher Judiciary In India: Collegium Or Commission, Volume 6, Indian Politics & Law Review, 185-200, Published on 05/06/2021, Available at https://iplr.thelawbrigade.com/article/appointment-of-higher-judiciary-in-india-collegium-or-commission/

Abstract

The national debate is raging in India about the system of appointments for Supreme Court and High Court judges.  The executive had primary authority over judicial appointments when it was establishing.

In 1993, the Supreme Court created by its judgment, a new system of appointments known as the collegium system, whereby the Chief Justice of India and senior judges of the Supreme Court make new appointments to the Supreme Court as well as the High Courts.

In 2014, Parliament amended the Constitution and passed a bill to create a commission to appoint judges i.e. National Judicial Appointment Commission (NJAC), but the Supreme Court declared the law unconstitutional. In this background, the researcher has discussed the theoretical background of the constitution and the provision prevailing in the USA, and some European countries.

In this paper, the researcher has discussed some landmark cases pronounced by the Supreme Court on judicial appointment in higher judiciary in India.

Keywords: Judicial Appointment, Higher Judiciary, Appointment of Judges in India, Collegium System, NJAC

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