JUDICIAL APPOINTMENTS IN INDIA: CONSTITUTIONAL MANDATES AND RECENT TRENDS

Best Citation – Dheeraj Kumar & Prof. (Dr.) Mahammad Sharif, JUDICIAL APPOINTMENTS IN INDIA: CONSTITUTIONAL MANDATES AND RECENT TRENDS, 3 IJLR 25, 2022.

Abstract

Judiciary is one of the vital organs of the state in a constitutional democracy. It is entrusted with the very crucial role to protect and, preserve the Constitution in course of discharging its functions, in furtherance of the spirit of the Constitutionalism. Indian judiciary is considered as one of the efficient judicial systems of the world, to administer justice effectively in the form of appropriate relief by use of innovative methods and constructive interpretation. Any system cannot be expected to yield satisfactory results, unless inputs given therein are good enough. In the Judicial system inputs are given through the judicial appointments. Judicial appointments in India have been a significant subject matter of debate among legal fraternity in particular and public at large in general, on account of several controversies relating thereto. Therefore the topic of the present discussion bears enormous significance in this context. This paper attempts to examine the recent trends pertaining to judicial appointments and incidental and consequential matters relating thereto and connected therewith in the light of the constitutional mandates in this regard. It would briefly discuss structure of Indian Judicial system, explain the scheme of judicial appointments, highlight the constitutional mandates, point out recent trends and issues relating to topic and, conclude the discussion with some workable suggestions to effectively address those issues.

Keywords: Collegium System, Independence of judiciary, judicial appointment, Transparency, Uniformity.