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4)Critically analyze the process of selection of the supreme court judges in India.  Suggest measures to prevent the executive’s unnecessary intervention into the judiciary. (250 words)

Topic – Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

4)Critically analyze the process of selection of the supreme court judges in India.  Suggest measures to prevent the executive’s unnecessary intervention into the judiciary. (250 words)

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why this question

The recent controversy around selection of a SC judge whose name has been recommended by the collegium but opposed by the govt, revolves around fundamental queries regarding the distribution of powers between the executive and legislative.  The question is related to GS-2 syllabus under the following heading- Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

key demand of the question.

we have to describe the provisions dealing with the appointment of SC judges and discuss those provisions critically. We also have to suggest measures to rectify the arrangement.

Directive word

critically analyze- we have to identify and briefly discuss the key provisions dealing with the appointment of SC judges in India and form an opinion on them, particularly on their shortcomings. then we have to simply enlist measures required to prevent the executive’s unnecessary intervention into the judiciary.

Structure of the answer

introduction- briefly describe article 124 of the constitution and mention NJAC .

Body-  

  1. enlist the eligibility and procedure of selection of SC judges in detail.
  2. describe the first, second and third judges cases
  3. discuss the shortcomings in the process. e.g lack of time-limit for the govt. to approve the collegium’s recommendations.
  4. suggest necessary amendments required in the legal provisions. e.g prescription of time limit and also bringing transparency and logic in the process of selection of judges etc.