A KEY ISSUE OF JUDICIAL INDEPENDENCE IN THE APPOINTMENT OF JUDGES IN HIGHER JUDICIARY

AUTHOR – MOHD. AKASH, RESEARCH SCHOLAR AT FACULTY OF LEGAL STUDIES, MAHATMA JYOTIBA PHULE ROHILKHAND UNIVERSITY, BAREILLY (UP), INDIA

BEST CITATION – MOHD. AKASH, A KEY ISSUE OF JUDICIAL INDEPENDENCE IN THE APPOINTMENT OF JUDGES IN HIGHER JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1006-1011, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The judicial recruitment process in India, particularly for the higher judiciary, has been widely debated and scrutinised. This article goes into the complexity of the judicial appointment system, including the roles of numerous authorities and the growth of the process as evidenced by key judicial pronouncements. This study’s main focus is on the contradiction between executive power and judicial independence, the influence of the collegium system, and reform ideas. The article seeks to provide a comprehensive view of the essential topic of judicial nominations in India by examining the legal framework, court decisions, and ongoing issues.

For a healthy judicial system, the judiciary’s independence is critical in protecting the sovereignty of the constitution as well as the judiciary, which is the foundation of any democratic society, by ensuring that the judiciary remains impartial, free of external influences, and capable of upholding the rule of law. In the context of India, the Collegium System has had a considerable impact on the appointment and transfer of judges to the higher judiciary, particularly the Supreme Court and High Court. This research study examines the relationship between judicial independence and the Collegium System in India. The study begins by looking into the historical growth of the Collegium System, dating it back to court interpretations of the Constitution. It explores the constitutional provisions and landmark judgments that have shaped the framework for appointing and transferring judges, highlighting the delicate balance between the need for judicial independence and the role of the executive in the appointment process.

Keywords: Judicial Appointment, Higher Judiciary, Judicial Pronouncements, Collegium System.