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Title: Questions of constitutionality: National Judicial Appointments Commission
Authors: Gautam, Khagesh
Jindal Global Law School
Keywords: Judicial Appointments-India
Appointments of judges
Issue Date: 31-Dec-2015
Publisher: Engage
Citation: Economic & Political Weekly, Vol.50 No. 26-27 (2015): 42-46
Abstract: The National Judicial Appointments Commission system for appointing judges is unconstitutional for four reasons. There is potential for its misuse as appointments to the higher judiciary will be controlled by the executive branch of the government. It suffers from the vice of arbitrariness as there is no way to determine who an "eminent person" is. The veto powers given to any two members also make it susceptible to misuse. Finally, there are concerns about maintaining the independence of the judiciary because the high courts and the Supreme Court examine the validity of actions taken by the executive branch as well as the legislature.
Description: Scopus Index
ISSN: 2349-8846
Appears in Collections:JGU Research Publications

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