Research Scholar at Department of Law, Baba Mastnath University, Rohtak, Haryana, India
Assistant Professor at Department of Law, Baba Mastnath University, Rohtak, Haryana, India
The judicial appointment process plays a crucial role in maintaining the independence of the judiciary and ensuring impartiality in the administration of justice. In India, the Collegium system, established through landmark Supreme Court rulings, has become the cornerstone of judicial appointments. This paper critically examines the functioning of the Collegium system, its historical evolution, merits, and criticisms. The study explores how the Collegium has ensured judicial independence by reducing political interference but also highlights concerns related to transparency, accountability, and the potential for nepotism. Additionally, the paper discusses the failed attempt at reform through the National Judicial Appointments Commission (NJAC) and examines proposals for improving the system. By evaluating the strengths and weaknesses of the Collegium system, the paper provides insights into potential reforms that would enhance transparency, inclusivity, and accountability in judicial appointments, while preserving the judiciary’s independence.
Research Paper
International Journal of Legal Science and Innovation, Volume 7, Issue 2, Page 92 - 103
DOI: https://doij.org/10.10000/IJLSI.112503This 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.
Copyright © IJLSI 2021