The Higher Judiciary Constitution – Appointments

1. The Higher Judiciary Constitution – Appointments

The Jurisprudence of Judicial composition is of paramount importance. The frames of the constitution wasted the appointment power of Higher Judiciary in the hands of the president and in consultation with the chief Justice of India. Regarding other Judges of the Higher Judiciary (High Courts and Supreme Court Judges) the power was a political choice and the basis of wisdom of counsel by the highest judicial functioning. The provision in the constitution regarding the appointment of judges from the Supreme Court gave primary to the Executive while at the same time the Chief Justice of India and the Chief Justice of High Courts were accorded high importance and their views in the choice of appointment of Judges were given great importance.

Today if the Judges are selected and appointed through manipulations and influences. They always tend to attempt to enrich themselves instead of attempting to enrich the law. There Salaries and parks are more attractive. They are provided with all facilities A.C. Bunglas, A.C.Cars, A.C. Chambers, Attenders, Servants, Free Library etc. They feel so co placement, secure of tenure of the court till the age of 65 or 62 and also securing some other like chairman a member of the board, tribunals of income tax administrative tribunals banking tribunals and other committees or commissions. The Judge of lower Judiciary and Higher Judiciary have became a separate affluent class at higher strata of the society. They and their families are now feeling as a separate class by themselves. 

Today, this has to overhauled and recast the entire procedure of their selection, appointment, exercising power, discipline, power, character, efficiency above all impartial and devotional discharge of their pious – desire to have Judges of not only honesty / integrity but also efficient and effective at the deliverance of Judgements in disposal of cases. Incorruptibility should be the quality of a Judge. If any doubt or suspicion is raised from any corner against a Judge / Judges. They must be sacked wedded out, corrupt, inept and inefficient to purse the system in order to preserve its glorious qualities, recognized and applauded by the other countries in the world. Since the Indian Judiciary is estimated so high in its efficiency working, protecting and above all successfully preserving the democracy in the country. Judiciary in India is acting –

· The Judiciary has been given an exalted status.

· Unfortunately the provisions relating to accountability of higher Judiciary have not come up to the expectations of the people. The expectation of the frames of the Constitution has been belied.