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The Judicial Appointment System In India And USA: A Comparative Study And Suggestion For Reforms


 


Param Rawal, BBA LLB, Auro University


ABSTRACT


In India as well as United States the judicial appointment system are integrated to independence and functioning of their own judiciaries. Both the countries follow different appointment ways to appoint their judges, and their system ensures an impartial, fair and competent judiciary. This study and research provide a comparison between India’s judicial appointment system (the collegium system) and the system in the USA with the suggestions on reforms needed in the collegium system. In India, the collegium system plays an important role, where the senior judges of the Supreme Court decide on the appointment of judges, whereas, in USA, the president nominates judges, with Senate confirmation. The paper involves the structure of the judicial appointments of both India and United States, also lists the challenges faced in appointment system in India. The paper concludes by the suggestions needed for reform of the collegium system which would make it more transparent and an efficient judicial appointment system.



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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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