International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Preserving Judicial Independence in India: A Constitutional Critique of the Appointment Process

Author(s) Mr. Proteek Motilal, Ms. Swati Kaushal
Country India
Abstract The exercise of judicial power of a court of law is hinges for constitutional democracy and rule of law. This study critically analyzes the framework of judicial appointment in India from an executive overshadowed perspective to a judge-centered collegium paradigm constructed through judicial activism. The study focuses on the constitutional provisions, prominent constitutional legislations including, the First, Second and Third Judges Cases and the NJAC judgment, alongside judicial doctrines like the Basic Structure Doctrine and exposes how freedom of judicial independence has been guaranteed and protected. The paper posits that important decision-making disabilities apply at any stage in restrictive scope but primary bestowing authority to the judicial arms is compulsory, the existing collegium system is incapable of rational systems to accountability devoid of representation or ease of access, and transparent processes. Relying primarily on doctrinal and cross-national examinations, this analysis reveals independent yet responsible notions of governance in India and demonstrates the sovereign pressures in assuming such powers. The study suggests measures aimed at strengthening accusations of judicial independence and impartiality while defending institutional reputation, credibility, and democratic soundness of the mechanism in its controls.
Keywords Judicial Independence, Collegium System, NJAC, Basic Structure Doctrine, Constitutional Law, Judicial Appointments, Supreme Court of India, Judicial Accountability, Indian Constitution, Judges Cases, Constitutional Supremacy.
Published In Volume 7, Issue 2, March-April 2025
Published On 2025-04-27
DOI https://doi.org/10.36948/ijfmr.2025.v07i02.42560
Short DOI https://doi.org/g9gvhk
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