Judiciary at the Crossroads – An Eternal Debate on Judicial Appointments by Abhilasha S G & Medha M Puranik

The Authors: Abhilasha S G & Medha M Puranik are Law Students Studying at School of Law, Christ University, Bangalore

INTRODUCTION

The judiciary is one of the pillars on which the edifice of the constitution is built. The role of judges is indispensible in the delivery of justice. The judiciary seeks to ensure that all the organs of the state are within its powers, thereby ensuring rule of law. Besides this, the judiciary assists in the progression and protection of the society by preventing injustice in addition to being an arbiter of disputes and upholder of the rights of citizens. The judiciary is a means for bringing about social change for the betterment of the citizens and democracy of India. It is an interpreter and guardian of the constitution of India. In view of the above aspect, it becomes extremely essential to ensure that the right persons sit in the prestigious position of judges. The quality of the judiciary depends upon the individual judges. Thus, the proper selection of judges is of paramount importance.

The method of appointing judges has undergone a sea change from pre-independence era to the present decade. It is well recognized that whatever be the system, the administration of the law and the quality of justice would depend a great deal on individual judges as much as in the institution of the judiciary as a whole. The integrity, qualification, training and experience of a person is of utmost importance in the selection of the judges and the modality of selection, with a view to achieve that objective is therefore of vital concern.[i] The judiciary is a unique institution in a democracy which curtails transgressions of constitutionally assigned powers of the executive and the legislature while simultaneously administering the laws made by it. Its role necessitates independence in very real terms.

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