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Revisiting The Appointment in Higher Judiciary and Judicial Independence

Third Year Student of Symbiosis Law School, Pune

The framers of our Constitution, while drafting the Constitution, were of the view that the Judiciary should be independent of the executive and should be competent in its own. In the light of such views,specific provisions were made in the Indian Constitution to provide for the appointment of judges, their tenure, their transfer and many more. However, there are recent debates about the appointment of judges and the process adopted in the country. The paper starts by understanding the parliamentary dilemma on the issue and revisits the models of appointment in higher Judiciary through the judges' case, and critically analyses the collegiumsSystem as well as the NJAC. The paper suggests other mechanisms taking into account a global perspective concerning the appointment models of other countries.

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