APPOINTMENT OF HIGHER JUDICIARY IN INDIA: COLLEGIUM OR COMMISSION
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Abstract
The national debate is raging in India about the system of appointments for Supreme Court and High Court judges. The executive had primary authority over judicial appointments, when it was establishing. In 1993, the Supreme Court created by its judgment, a new system of appointments known as the collegium system, whereby the Chief Justice of India and senior judges of the Supreme Court make new appointments to the Supreme Court as well as the High Courts. In 2014, Parliament amended the Constitution and passed a bill to create a commission to appoint judges i.e. National Judicial Appointment Commission (NJAC), but the Supreme Court declared the law unconstitutional. In this background researcher has discuss the theoretical background of constitution and the provision prevailing in USA, and some European Countries. In this paper researcher has discussed some landmark cases pronounced by the Supreme Court on judicial appointment in higher judiciary in India.
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