Advantages And Disadvantages Of Judges

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interviewing the ‘short-listed candidates in public, as if in open court’. It ‘must prepare a list of nominees with three names more than the number of appointments to be made, and submit the list to the President’ who ‘may make appointments from the list’. The President ‘must advise the Judicial Service Commission, with reasons, if any of the nominees are unacceptable and any appointment remains to be made’. The Commission then ‘must supplement the list with further nominees and the President must make the remaining appointments from the supplemented list’. Conclusion All mechanisms for judicial appointment may have some advantages and disadvantages and therefore, no particular system can be treated as the best system. Despite this, in…show more content…
CONCLUSION--ULTIMATE AUTHORITY Judges are the ultimate authority in the interpretation of the Constitution, and so must be learned in the law and in the cultural wealth of the world. They play a vital role in the working of the Constitution and the laws. But, how judges are appointed is a matter of concern. Simply put, the President appoints them, but in this the President only carries out the Cabinet’s decisions. The Preamble to the Constitution lays down as the fundamentals of the paramount law that India shall be a socialist, secular democratic republic, which shall enforce justice — social, economic and political — and ensure liberty of thought, expression, belief, faith and worship, equality of status and of opportunity, and promote among them fraternity, ensuring the individual’s dignity and the nation’s unity and integrity. 6.1 Need for…show more content…
Unless there is a clear statement of the principles of selection, the required character and conduct of judges in a democracy may fail since they will often belong to a class of the proprietariat, and the proletariat will have no voice in the governance: the proprietariat will remain the ruling class. Winston Churchill made this position clear with respect to Britain thus: “The courts hold justly a high, and I think, unequalled pre-eminence in the respect of the world in criminal cases, and in civil cases between man and man, no doubt, they deserve and command the respect and admiration of all classes of the community, but where class issues are involved, it is impossible to pretend that the courts command the same degree of general confidence. On the contrary, they do not, and a very large number of our population have been led to the opinion that they are, unconsciously, no doubt, biased.” We in India have under the Constitution the same weaknesses pointed out by Churchill, with the result that socialism and social justice remain a promise on paper. Then came a new creation called collegiums. The concept was brought in by a narrow majority of one in a 5-4 decision of the Supreme Court for the selection of judges. It was binding on the executive, the decisions of which in turn were bound to be implemented by the

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