Transition from Elitist to Representative Elections to Judicial Posts in the Supreme Court

  • Maanyaa Anand
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  • Maanyaa Anand

    Student at Christ Academy Institute of Law, Bengaluru, India

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Abstract

The essence of democracy lies in its representative capabilities which brings together the spirit of equality, liberty and justice together however, the adjudicators of the apex court are appointed on the basis of merit which is reflective of elitist democracy tendencies rather than representative one. The present paper takes into account, the two theories of democracy, the representative and elitist theories and its applicability in the apex Judicial set up. It explores the possibility of elections to the judicial posts wherein elections would be conducted for the meritorious candidates to the judicial posts in the Supreme Court of India which would factor in the true principles of democracy. In addition to this, the author has taken insights from the International Court of Justices and its means of electing its member judges.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 3, Issue 5, Page 206 - 213

DOI: https://doij.org/10.10000/IJLSI.111081

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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