The remark of the current law minister of India, Mr. Kiren Rijiju in Rajya Sabha recently that “a new system of appointment of judges in the higher judiciary is much needed as the prevalent collegium system is opaque and inefficient in filling the vacant posts of judges which has led to a huge pendency of cases”, further the remark of the Vice President India “that the striking down the National Judicial Appointment Act was a severe compromise of Parliamentary sovereignty and disregard of the mandate of people” highlights a true debate regarding fight of primacy in the appointment of judges in the higher judiciary. This debate boils down to the fact as to who should appoint the judges, should the primacy lie into the hands of the executive or the judiciary leading us to the question “Who is Superior” whether it is the executive or is it the judiciary, but the answer to it is not who is superior but why should superiority rest with respect to appointment of judges lie in the hands of judiciary. It is because the Indian Constitution follows the doctrine of separation of powers as propounded by Montesquie, its basic spirit is that executive, legislature and the judiciary are superior in their own sphere and no one should usurp upon the powers of another maintaining a system of checks and balances in the governance of the country. Hence the collegium system is responsible to appoint judges to the higher judiciary in India today.
September 28, 2023
