The Indian democracy cannot be a tyranny of the unelected and if the elected are undermined, democracy itself would be in danger,” said Mr. Arun Jaitley (former Minister in union government).[i]
The National Commission for the Appointment of Judges is a constitutional body created to ensure the transparency of the process of appointing judges of the Supreme Court and High Courts. This was overturned by the Supreme Court in 2015 as it challenged the independence of the judiciary. The ruling brought back the collegium system, which actually has no constitutional provision. India is the only Country of the world where judges are appointed by themselves. In Order to make the collegium System more transparent and democratic reforms are needed. The aim of this research is to analyze the importance of a separate body for the appointment of judges in our country and why our judiciary still has doubts about the judge appointment process.
The research is based on secondary sources, including online data, books, articles and journals.
[i] https://www.google.com/amp/s/indianexpress.com/article/india/india-news-india/njac-sc-verdict-democracy-cannot-be-tyranny-of-the-unelected-says-arun-jaitley/lite/ (last visited on 2/09/2022)