Appointment Of Judges In Indian Higher Judiciary

Abstract

There are higher courts in every country. The Courts perform many types of functions. The Courts protect the rights of citizens and decide the controversy between the Center and States. It maintains the federal and basic structures of the Constitution. But it is not possible without independent and meritorious judges. So, there is a mechanism for the appointment of such judges. The Indian Constitution also envisages a method of appointment of the Supreme Court and the High Courts' judges. But there is a conflict between the executive and the judiciary regarding the power of higher judges' appointments in India. Many judgments were delivered to settle this controversy. The Indian Parliament also enacted some statutes. But, even these could not solve the problem.

 The researchers, in the article, will discuss these controversies systematically. They will search the pros and cons of the ‘collegium’ and the National Judicial Appointment Commission. They will also suggest a suitable mechanism for appointing independent and competent judges in India.