Aniketan S., Christ (Deemed to be University)
ABSTRACT
The confidence of the populace in the judiciary is crucial for the survival of a democracy. In order to guarantee a just society where justice is upheld, Justices are vested with authority to uphold the constitution and are authorised to order life imprisonment, or inflict any punishment prescribed under the law. The judiciary is highly important in "dispensing justice." The entire nation is impacted by a judge's ruling in addition to the lives of the conflicting parties. A judge's "judgement" determines the freedom and lives of millions; thus, it is not expected that he will err. Since the ancient times from Vedic and Ancient Hindu periods, the criteria for appointing judges and magistrates were quite high; judges were expected to swear impartiality oaths, and dishonesty was strongly condemned. According to the Brihaspathi Smirit, a judge must determine matters impartially and without regard for personal advantage or bias. As judges, Brahmins of great intellect, erudition, righteousness, and justice were chosen. The function of the court is critical in the cycle of government.
In order to fulfil its duty to uphold the interests of human civilization, the judiciary must be powerful and independent, in addition to upholding the law. The judiciary performs a dual function in the governance of the nation, serving as both a check on the legislative branch and a deciding factor. The collegium of the appropriate Court in India decides on judicial appointments in accordance with the principles of the independence of the judiciary. But repeatedly, concerns about the lack of openness in judicial nominations, particularly those to the upper judiciary, have been made public. USA being a Pure Federal Country with written Constitution have different approach with regards to appointment of judges to higher level of judiciary compared to India. And UK with unwritten Constitution has different approach. This paper aims to compare and analyse the procedure, appointment of judges to higher level of judiciary in India, USA and United Kingdom.
Keywords: Judges, Appointment, Judgement, Collegium System
