An Analysis of Appointment of Judges in India

Abstract

The three foundations on which India's political system depends are the Assembly, Executive and Judiciary, and the powers and roles of these bodies are explicitly set out in the Constitution. The disagreement, however, continues, notably with regard to the selection of judges between the executive and the judiciary. Since the passage of the Constitution, the appointment of judges has a clear executive say. The Constitutional provisions were later interpreted by the judiciary and the structure of collegiums was created, minimizing executive say in the appointment of magistrates to the higher judiciary. The position of the judiciary was improved with the abolition of the executive role. The Constitutional Clause, the role of executive and judicial interpretation in the selection process of judges, is addressed in the present article.