ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Appointments Of Judges

This article is a legal analysis of the Supreme Court judgment in the appointment of judges case. It argues that a majority of the judges did not hold judicial primacy to be part of the basic structure, as has been commonly misunderstood. Further, their application of their understanding of judicial primacy to strike down the presence of the Union Law Minister and eminent persons on the National Judicial Appointments Commission is flawed. Consequently, the judgment has no precedential value were Parliament to attempt fresh reform to bring in transparency in judicial appointments.

What steps will the judiciary take with a view to reforming the existing collegium system? What will the Supreme Court of India do to ensure that the collegium system is significantly transformed with a view to infusing transparency and procedural fairness in the selection of judges to the High Courts and the Supreme Court?