09/07/2021 - Judiciary

Please review mam /sir

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Please review.

Thank you.

Kindly review and provide suggestions for improvement

KEY POINTS

·        Amongst the constitutional institutions designed to protect democracy, pride of place is enjoyed by the Indian judiciary.

·        The third judges case 1993 upheld the independence of judiciary, that appointment of supreme court judges can be decided by the collegium of supreme court itself.

·        Thus ensuring the independence of judiciary and in 2016 National Judicial Appointments commission was made unconstitutional by the supreme court.

·        Further upholding the system of checks and balances, where the interference of political executives in appointment of judges have been prevented.

·        Therefore the independence of the judiciary, as a part of the basic structure of the Constitution, to secure the rule of law essential for the preservation of the democratic system.

·        The Supreme Court re-interpreting Article 124 and 214 of the Constitution empowered the judiciary to make appointments to the higher judiciary to secure the rule of law.

·        Instead of selecting the best from amongst those available, compromises appear to have been repeatedly made in the past. Candidates lacking in essential attributes have been appointed routinely.

·        It is being reflected in piling up of number of cases in the judiciary and justice delay to poorer sections.

·        So the appointments have to be within the crux of separation of powers and at the same time qualified judges have to be appointed for delivering quality justice.

Please Review.