Appointment Of Judges In Indian Judiciary: A Critical Analysis
- IJLLR Journal
- Aug 30
- 1 min read
Ms. Anshal Prabhakar, Prof (Dr.) Amarnath
ABSTRACT
An independent judiciary is pivotal in any democracy, acting as the guardian of constitutional values and ensuring genuine separation of powers. The process of judicial appointments greatly influences how independent the judiciary remains. India, with its extensive Constitution and status as the world's largest democracy, follows its own distinct process for appointing judges. The Constitution specifies that the President appoints High Court and Supreme Court judges after consulting the Chief Justice of India. However, several decades after the Constitution's implementation, debates emerged about the original intent behind these provisions. Key Supreme Court judgments—such as the "Judges Cases" and the NJAC verdict—have reshaped the appointment process. This analysis aims to identify the most effective system for independent, transparent, and expedient judicial appointments, which will contribute to reducing case backlogs and enhancing the overall efficiency of the judiciary.
