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UNDERSTANDING THE INDIAN COLLEGIUM SYSTEM: A COMPREHENSIVE OVERVIEW

UNDERSTANDING THE INDIAN COLLEGIUM SYSTEM: A COMPREHENSIVE OVERVIEW Mudit Naveen, Student at The ICFAI Law School, The ICFAI University, Jaipur Harshit Naveen, Student at The ICFAI Law School, The ICFAI University, Jaipur Download Manuscript ABSTRACT The entire approach followed for appointing and transferring of judges in the Supreme and High Court has been questioned for its transparency and answerability. It is crucial for a fair trial that the judges must be independent, competent, and impartial. Thus, the adopted process for the appointment of judges shall be free from all types of direct or indirect influences from either the judiciary or government. The Indian Constitution of 1860 empowers the president for the appointment of judges after consulting with the Chief Justice of India. This study is based on doctrinal research to examine the effectiveness of the adopted appointment process i.e., collegium system, and to analyze the merits and demerits of the said process. This study is done in three steps viz. collecting data from different sources such as SCC Online, and Manupatra, analyzing the data, and finally report writing. This study traces the history of the collegium system and the long hassle between the judiciary and executive. It is argued that the collegium system has originated and evolved through various landmark judgments, namely first, second, third, and fourth judge’s cases. Because of the pitfalls in the collegium system the executive, through the ninety-ninth amendment introduced the National Judicial Appointment Commission Act of 2014 to replace it. However, it was declared unconstitutional in the fourth judge’s case. It is argued that the collegium system separates the judiciary from the executive safeguarding its decency and autonomy intact which also prevents further politization and biased judgments, but it may be subjected to nepotism and favoritism and lacks transparency and accountability, proving that there is a strict need to reform it. Furthermore, this paper analyzes the application of RTI, considering the collegium system in India. This study concludes with suggestions that make the collegium system more transparent and accountable. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 525-537. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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EQUALITY: EXPLORING TRANSFORMING LAW AND WOMEN’S RIGHTS

EQUALITY: EXPLORING TRANSFORMING LAW AND WOMEN’S RIGHTS Shalini Dhyani, B.A.LL.B. 5TH Semester At Vasudev College Of Law, Lamachaur, Haldwani, Uttarakhand. Download Manuscript ABSTRACT Equality is one of the fundamental rights that everyone requires to survive in a society, it is that principle that every individual craves to achieve, it is a basic need of a person in the modern world whether it is any human being either male or female and everyone requires equality. This paper focuses especially on transforming the law to support women’s rights. The first and second part of the article describes Gandhi’s views on women’s rights, Views of Indian laws, and United Nations views on the rights of women. The third and fourth part of the article describes the role of the judiciary in preserving women’s rights and also describes how barrier could be breakdown in order to get access to social justice for women. The last chapter describes the strategies of the government for improving the condition of women. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 195- 206. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content EQUALITY: EXPLORING TRANSFORMING LAW AND WOMEN’S RIGHTS THE COLLEGIUM VS NJAC DEBATE: ANALYZING INDIA’S JUDICIAL APPOINTMENT SYSTEMS ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANCE Water Rights And Climate Change: An Analysis Of Transboundary Water Conflicts Amidst Environmental Challenges In The Indus Region With Specific Reference To The Indus Waters Treaty Of 1960 Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India

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THE COLLEGIUM VS NJAC DEBATE: ANALYZING INDIA’S JUDICIAL APPOINTMENT SYSTEMS

THE COLLEGIUM VS NJAC DEBATE: ANALYZING INDIA’S JUDICIAL APPOINTMENT SYSTEMS Tanya Gupta, Author is a 3rd year Law student of BBA LL.B. at Amity University, Jaipur, Rajasthan. Download Manuscript ABSTRACT The Judiciary must be encouraged to find ways and means to regulate its own affairs – consistent with the spirit of the Constitution. – Former Prime Minister of India, Dr. Manmohan Singh. The conflict over judicial appointments in India is a longstanding issue. The original constitutional provision stated that the President appoints judges in consultation with the Chief Justice of India and other judges. However, this system evolved into the collegium system, criticized for its lack of transparency and perceived nepotism. The National Judicial Appointment Commission Act, 2014, aimed to replace the collegium with a more transparent system but was ruled unconstitutional by the Supreme Court a year after implementation. This article will analyze the historical evolution of judicial appointments in India, highlighting the issues that have emerged. It will then compare the Indian and American judicial appointment systems. Finally, the article will provide suggestions to enhance the judicial appointment process. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 185- 194. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content THE COLLEGIUM VS NJAC DEBATE: ANALYZING INDIA’S JUDICIAL APPOINTMENT SYSTEMS ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANCE Water Rights And Climate Change: An Analysis Of Transboundary Water Conflicts Amidst Environmental Challenges In The Indus Region With Specific Reference To The Indus Waters Treaty Of 1960 Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India CONTEMPORARY CONSTITUTIONAL CHALLENGES IN INDIA : AN ANALYSIS OF KEY ISSUES

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