Sneha Singal, OP Jindal Global University, India
Divyansh Jain, OP Jindal Global University, India
ABSTRACT
The controversy surrounding judicial independence in India centres on the transformation of the judicial appointments process from its original executive- dominated framework to the present-day collegium system. This shift, driven by legal interpretations and court rulings, has raised concerns about the efficiency and reliability of the collegium system, as well as its impact on judicial independence, a fundamental feature of the Indian constitution. While the executive's dominance in appointments was perceived as a threat to judicial independence, the collegium system also has its own drawbacks, such as the lack of specific selection criteria, opacity, and differences in judicial perspectives, particularly in cases of transfers. The perpetual power struggle between the executive and the judiciary further complicates the situation. This paper also examines the international perspective on judicial appointments, comparing India's collegium system with the practices in other countries, and offers recommendations for an independent body comprising of members from different fields, with a publicly declared specific criterion for both judicial appointments and transfers. Addressing these issues is essential to preserve the integrity of India's judiciary and maintain its independence.
Keywords: Judicial Independence, National Judicial Appointments Commission, Consultation, Concurrence, Recommendation, Collegium System, Judicial Transfers, Judicial Appointments.
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