25 Jan 2010

Appointment of Judges in Higher Judiciary: An Interpretational Riddle?

Ever since the imposition of emergency lead to the disturbance of the practice of appointment of the senior-most judge as the Chief Justice of India, the issue has been one always in state of flux. No doubt a constitutional bench of the Supreme Court has declared that the decision of collegium is one to be preferred yet the recent report of the Law Commission of India and the objections raised by prominent jurists questioning the effectiveness of the Collegium process have raised important constitutional questions which are not only worth pondering over but which require a serious relook at the entire process. 

In this paper authored by a student of Indian Law Institute entited "Appointment of Judges in Higher Judiciary: An Interpretational Riddle", recently doing its rounds on SSRN updates, the issues relating to the Appointment of Judges in Higher Judiciary has been proficiently explained and the crux of the debate captured. The paper traces the trends in an historical account and thereon goes on to explain the touching issues of the debate. Overall it provides an interested reader an opportunity to get conversant with the critical issues facing the appointment process.

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