Judicial Appointments and Disappointments in India

• The Supreme Court of India has asked the Attorney General for India about the appointment of judges, which are binding on the Union government.
• The Union government has processed the appointment of eight new High Court Chief Justices.
• V. R. Krishna Iyer emphasizes the importance of upholding the judiciary’s independence, stating that the Constitution of India operates in harmony with the executive and legislative instrumentalities.
• The judiciary has pre-eminence among the three instrumentalities, but must act according to the Constitution and work within the framework of the Constitution.
• Judges are the ultimate authority in the interpretation of the Constitution and must be learned in the law and the cultural wealth of the world.
• The appointment of judges is a matter of concern, as the President only carries out the Cabinet’s decisions.
• The Preamble to the Constitution lays down the fundamentals of the paramount law that India shall be a socialist, secular democratic republic.

Understanding the Selection of Judges in India

• The selection of judges in a democracy often falls into the hands of the proprietariat class, limiting the proletariat’s voice in governance.
• The Constitution in India has weaknesses similar to those pointed out by Winston Churchill, leading to socialism and social justice being a promise on paper.
• The concept of collegiums was introduced by a narrow majority in a 5-4 Supreme Court decision for the selection of judges.
• The current system lacks constitutional backing, with the collegium making the selection itself, leading to anarchy and no public investigation.
• The Union Law Minister proposes replacing the collegium system with a commission, but the formation, accountability, and principles of the commission remain to be publicized.
• The commission should be of high standing, equal to the Prime Minister or Supreme Court judge, and chaired by the Chief Justice of India.
• The commission should conduct an independent investigation into character, class bias, communal leanings, and public imputations.
• The commission should be completely independent, upholding the Constitution’s values and acting without fear or favor.
• The commission should be immune to legal proceedings and removed only by a high tribunal.