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Examining The Constitutionality Of The Collegium System: A Constitutional Analysis




Ankita Kandari, Law College Dehradun, Faculty of Uttaranchal University

ABSTRACT

The Collegium System, which the Supreme Court created despite the fact that the Indian Constitution of India does not explicitly provide for, is used to designate judges in order to safeguard against executive interference. However, given the changes to democracy, the Collegium system for selecting judges has failed to operate properly. The Collegium System is briefly explained in the paper, after which follows a discussion of its recent history.

In addition to a comparison of the selection procedures in the UK and the USA, the National Judicial Appointments Commission is also mentioned. A strategy for action and a conclusion are subsequently written. Given the important nature of the national discussion around judge selection, discussing the subject is strongly advised.

Keywords: appointment, Judiciary, judges, Commission, independence

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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