'Constitution envisages an independent judiciary, not insulated judiciary'. In the light of the given statement, discuss the issues associated with the appointment of judges in the higher judiciary and explore alternatives to the current system.
Main Body
While an independent judiciary leads to effective federalism, questions of our judiciary being insulated has been seen as a challenge for a long time. Independent judiciary: checks and balances, separation of power, Comits Exe. and Leg. Exec. Collegium system of appointmen (Art 124) - Isolated Judiciary NIJAC still declared ultra constitutional, but still considered. Untouched Court not if lack of checks and balances on judiciary. Issues in appointment of higher judiciary: (1) Collegium system remains opaque. SC chief in Swapnil Kumar case said that sunlight is the best disinfectant.
Alternatives to current system: (1) Release Minutes of the meeting of collegium. (2) Apply RTI rules on judges. (3) Make judges accountable for 5-core prudency in cases. (4) Lokpal should have power over judges (5) NJAC can be remodelled and brought up again. (6) Memoranda of Procedure to be made enforceable (7) Use the aiming of judgements (8) Prevent use of archaic terms like 'Your Lordship', 'My Lord'. It is a democracy, no one should use such terms. (9) Contempt of court should be codified
Conclusion
Thus, Judiciary is the Ughouse of Indian democracy and its effective functioning is of utmost importance
16 words
MEDHA ANAND
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
Independent judiciary and appointment mechanisms
292
Total words
1
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