Appointment or Disappointment: Historical Backdrop and Present Problems in the Appointment of Judges of Indian Judiciary

Abstract

The mode and procedure of appointment of judges to the higher judiciary has always been a vehemently debated topic in India. Public has time and again showed dissatisfaction, both during the phase when the executive had, and now when the judiciary has the final say in appointments. While the former phase saw the judiciary satisfying personal whims of the executive, the latter phase is characterized by vacancies and lack of accountability. The author has elaborated upon the rationale behind the original procedure adopted for appointments, giving primacy to executive, through the constitutional assembly debates, and how over-zealousness to protect independence of judiciary prompted the judges to interpret the law in a different way. The root cause behind this confusion has always been the ever existing supremacy tussle between the executive and the judiciary. It’s high time now that such a tussle should be brought to an end through the establishment of National Judicial Commission, an independent body for appointment of judges which to this day is nothing more than a paper tiger. Only such a body can ensure that the appointments are detached from bias, corruption and selfish motives.

Keywords: appointment of judges, judiciary, national judicial commission