Appointment of Judges in the Higher Judiciary in India: An Analytical Study

Abstract

Judiciary, the justice delivery system resorted to by the common man for his legal and moral rights are at its zenith in Indian democracy. It is seen as the epitome of justice delivery system in India. But there has been dissent with respect to appointment of judges to various High Courts and Supreme Court of India. The existing collegium system of judges exercising absolute powers to appoint judges lacks complete transparency in the procedure and process of appointments. Nobody outside the system knew about the appointments of the few while the rejection of other few. The absolute power is vested with the judges. Lord Acton’s words, “Power tends to corrupt and absolute power tends to corrupt absolutely” rightly proves this very same fact. Hence a new attempt was made to make the system more transparent and effective. Such an initiative was the adoption of National Judicial Appointments Commission (NJAC) and it later turned out to be bigger controversy. The past few years saw a long standing legal battle between the executive and the judiciary regarding the appointments to various High Courts and Supreme Court of India. In order to deal with the situation, the Court held the NJAC as unconstitutional and void.