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

C Raj KumarSubscribe to C Raj Kumar

Future of Collegium System

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?

Questions of Constitutionality

The National Judicial Appointments Commission system for appointing judges is unconstitutional for four reasons. There is potential for its misuse as appointments to the higher judiciary will be controlled by the executive branch of the government. It suffers from the vice of arbitrariness as there is no way to determine who an "eminent person" is. The veto powers given to any two members also make it susceptible to misuse. Finally, there are concerns about maintaining the independence of the judiciary because the high courts and the Supreme Court examine the validity of actions taken by the executive branch as well as the legislature.
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