The Collegium Conundrum: Assessing Judicial Appointments Across Jurisdictions
- IJLLR Journal
- Jun 12
- 1 min read
Nithika Anand, BITS Law School, Mumbai
ABSTRACT
The system of checks and balances, and that of separation of powers, is integral to any democratic institution. While the Judiciary, through the exercise of its powers, acts as a ‘check’ on the operations of the Legislature and the Executive, its realm of control lies outside the purview of the other two wings of the government, especially in terms of appointment of judges. India is the only country in the world where the judiciary appoints and transfers the judges, with no Executive interference. Such a system is deeply problematic, since it creates a judicial aristocracy, favouring those who have connections to prominent legal families. The Executive’s proposed NJAC, too, comes with its own drawbacks, seeming not to consider judicial primacy, read into the Basic Structure Doctrine by the courts. The growing tension between the Executive and the Judiciary to strike a balance in this process highlights the need for a solution that grants the independence of the judiciary, while also maintaining the system of checks and balances, to prevent what Justice Chalameshwar called “judicial appointments turning into judicial disappointments.”
