SCHEME FOR JUDICIAL APPOINTMENTS IN INDIA AND COLLEGIUM SYSTEM: A CONSTITUTIONAL APPRAISAL

Authors – Dheeraj Kumar, Senior Research Fellow & PhD Research Scholar & Prof. (Dr.) Mahammad Sharif,  Principal, Patna Law College &Research Supervisor, Faculty of Law, Patna University, Patna

Best Citation – Dheeraj Kumar & Prof. (Dr.) Mahammad Sharif, SCHEME FOR JUDICIAL APPOINTMENTS IN INDIA AND COLLEGIUM SYSTEM: A CONSTITUTIONAL APPRAISAL, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 628-643, ISSN – 2583-2344.

Abstract

The Constitutional obligations of the judiciary place it on the most respectable and dignified position under the Indian Legal system, that has to be maintained at any cost, in order to uphold the faith and confidence of We the people. For that it has to consistently act in fair, equitable and transparent manner, at each and every stages of functioning in judicial as well as administrative capacity. In any system the output results depend upon the quality and nature of inputs given therein. The judicial system is not immune from such saying. Judicial appointments in India have been subjected to severe criticism on various occasions at various forums. It has been a matter of great concerns among legal and judicial fraternity as well as public at large, due to the existing system of appointments and manner of its functioning. Several legislative as well as judicial attempts have been made towards this aspect of judicial reform, but this continuous process continues till the existence of the institution, with a view to improve and strengthen it. In this backdrop the paper examines the Scheme for judicial appointments in various courts in India and relevancy, efficacy and efficiency of the collegium system in the light of constitutional vision and relevant provisions.

Keywords: Judicial Appointment, Collegium System, Judicial Independence, NJAC