To Ensure Social Justice In The Appointment Of Judges Of Higher Judiciary

M. Karpaga Jaya, School of Excellence in Law, Tamilnadu Dr. Ambedkar Law University, Chennai

ABSTRACT:

Starting from the quote of Dr. B.R. Ambedkar, “Equality may be a fiction but nonetheless one must accept it as a governing principle”.

One of the contemporary issue in judiciary is regarding the appointment of judges based on the system of collegium. The collegium system was evolved through judgments of the Supreme court not by the act of the parliament. The collegium system will be headed by the chief justice of the India and comprises four senior most judges incase of Highcourt, by the sitting chief justice and two other senior most judges. It will further proceed with the role of government and they will choose the names accordingly with the recommendations made. So from this it was clearly visible that there was no adequate representation of all class of people in the higher courts of India as the discretion was laid on the hands of members of collegium. The fever of nepotism and favorism was almost spread over in the judiciary for years. This article revolves around the evolution of procedures for the appointment of judges, the issues regarding it and the need for the reservation.