Topic– Critically analyze the process of selection of supreme court judges in India. How can the process be made more transparent?
2) Critically analyze the process of selection of supreme court judges in India. How can the process be made more transparent?(250 words)
Why this question
The recent decision of the collegium to replace two HC chief justices selected for elevation has once again brought the system of appointment of judges under the scanner. This article analyzes this issue in detail.
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. 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.Directive word
critically analyze-When asked to analyze, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. When ‘critically’ is suffixed or prefixed to a directive, all you need to do is look at the good and bad of something and give a fair judgement.
Structure of Answer:
introduction- briefly describe article 124 of the constitution and mention NJAC .
- enlist the eligibility and procedure of selection of SC judges in detail.
- describe the first, second and third judges cases
- discuss the shortcomings in the process. e.g lack of well defined rules and procedures and instances of discretion
- 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.
Conclusion – Give your view and discuss way forward.