System under the Microscope

Publication Information

Journal Title: Indian Politics & Law Review
Author(s): Aakanksha Pathak
Published On: 26/12/2022
Volume: 7
First Page: 152
Last Page: 162
ISSN: 2581-7086
Publisher: The Law Brigade Publisher

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Cite this Article

Aakanksha Pathak, System under the Microscope, Volume 7, Indian Politics & Law Review, 152-162, Published on 26/12/2022, Available at https://iplr.thelawbrigade.com/article/system-under-the-microscope/

Abstract

Appointment of judges has undoubtedly been one of the most debated and the most controversial subject in the country. There have been numerous attempts made since Independence to create an efficient method for the same. The collegium system has been in work concerning the appointment of judges. In the year 2014, the Indian government introduced a commission to play a role in the appointment if judges in the Supreme Court and the High Courts, known as the National Judicial Appointment Commission, which lead to the enforcement of the National Judicial Appointment Commission Act. Both the bills were passed comfortably in both the houses of the Parliament and did not record a single opposing vote. The intention behind floating the NJAC was the perception that nepotism, judicial hegemony and opacity in the appointment process would be eradicated. The Supreme Court striking the NJAC and the 99th Constitutional Amendment as unconstitutional and void, has again refueled the discussion concerning the appointment of judges.

Keywords: Indian Judiciary, Collegium System, Indian Constitution, NJAC, Judicial independence

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