In India, there are three constitutional branches to rule the democracy. Among them Judiciary plays an important role in discharging its duties for a layman. Its verdict is the superior that even the legislature and the executive must respect it.
Supreme Court is the highest honorable Judiciary in India and the High Court in respective states.
Since the judgement of the Supreme Court cant be ruled out, the judges must take into notice the truth and deliver the justice in favor of the victim. So appointment of these judges must be taken care of. Let us now discuss the selection process of the appointment of SC judges.
Till 1993, appointment of the Judges is done by the Executive (The President) in consultation with the Chief Justice as per the Constitution. But during 1993 and 1998 two judgments were given by the bench saying that in the former case, the selection process lies with the Chief Justice assisted by two other Judges and the latter case deals with the selection procedure to be in the hands of a Collegium which is formed with Chief Justice of SC and four more Judges without any involvement of the President in the decision. This judgments breached the rules of the Constitution framed by our national leaders who had reduced the powers of the Judiciary in the appointment process while writing the Constitution. There is no particular procedure followed by the Collegium in selection. All they consider is the assessments of the merits of the person. Hardly the legislature had the power to reject of the person but it can be ignored by the Collegium by reconsidering the person. The President has only given the power to approve the person.
There is no protocol to be followed by the Collegium nor does it has any Secretariat to take appropriate decisions when appointing the persons.
The solution to this is the establishment of National Commission to appoint the Judges. This procedure is followed in other countries.
Reference: The Hindu
Supreme Court is the highest honorable Judiciary in India and the High Court in respective states.
Since the judgement of the Supreme Court cant be ruled out, the judges must take into notice the truth and deliver the justice in favor of the victim. So appointment of these judges must be taken care of. Let us now discuss the selection process of the appointment of SC judges.
Till 1993, appointment of the Judges is done by the Executive (The President) in consultation with the Chief Justice as per the Constitution. But during 1993 and 1998 two judgments were given by the bench saying that in the former case, the selection process lies with the Chief Justice assisted by two other Judges and the latter case deals with the selection procedure to be in the hands of a Collegium which is formed with Chief Justice of SC and four more Judges without any involvement of the President in the decision. This judgments breached the rules of the Constitution framed by our national leaders who had reduced the powers of the Judiciary in the appointment process while writing the Constitution. There is no particular procedure followed by the Collegium in selection. All they consider is the assessments of the merits of the person. Hardly the legislature had the power to reject of the person but it can be ignored by the Collegium by reconsidering the person. The President has only given the power to approve the person.
There is no protocol to be followed by the Collegium nor does it has any Secretariat to take appropriate decisions when appointing the persons.
The solution to this is the establishment of National Commission to appoint the Judges. This procedure is followed in other countries.
Reference: The Hindu
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