LIJDLR

NJAC.

APPOINTMENT AND REMOVAL OF JUDGES IN INDIA: TRANSPARENCY, ACCOUNTABILITY, AND THE COLLEGIUM DEBATE

Volume IV Issue II /

APPOINTMENT AND REMOVAL OF JUDGES IN INDIA: TRANSPARENCY, ACCOUNTABILITY, AND THE COLLEGIUM DEBATE Aditya Pal, JRF-Ph.D., Scholar at SICMSS, Rashtriya Raksha University, Gandhinagar (India) Dhriti Pragya, BBA LL. B, 2nd year, Student at SCLML, Rashtriya Raksha University, Gandhinagar (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.171 Judicial independence is the cornerstone of any constitutional democracy, be it that of India or anywhere else. Thereby the processes of appointment as well as removal of Judges has been a central topic of debate regarding separation of powers as propound by Montesquieu. This paper critically examines the constitutional framework overseeing judicial appointments under the ambit of Articles 124 and 217 and the removal of these judges through impeachment procedure under clause (4) of Article 124 and the Judges Inquiry Act, 1968. This paper further traces the ‘evolution’ trajectory of the now hotly debated ‘Collegium system’ from Sankalchand Seth Case to all the way over the 4 landmark cases involving the issue of ‘consultation whether amounts to concurrent’ and the creation of a Collegium, which are famously known as the ‘Judges Cases’. The study underpins the tension between judicial independence and democratic accountability. It also takes into account the ‘comparative perspective’ from the United States of America, United Kingdom and South Africa for understanding the need for transparency and involving the relevant stakeholders through participation in the appointment process. This paper further explores the reformatory proposals which are comprised of statutory codification of the appointment procedure of Judges; Disclosing the entire reasoning behind candidature on digital platforms; Reimagining the NJAC with apt safeguards. By positing India’s experience with that of the USA, UK and South Africa, this study argues for a nuanced approach towards reforms while maintaining a fine balance between Judicial independence and accountability so as to ensure Judicial legitimacy.

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SAFEGUARDING THE GUARDIAN: A COMPARATIVE PERSPECTIVE ON JUDICIAL INDEPENDENCE

Volume IV Issue II /

SAFEGUARDING THE GUARDIAN: A COMPARATIVE PERSPECTIVE ON JUDICIAL INDEPENDENCE Nishchal Kumawat, LL.M., Student at Gujarat National Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.154 Progressing from the question ‘Why is the independence of the judiciary necessary?’ to ‘How to make the judiciary independent?’ The constitutional discourse has rightly shifted to ‘How to keep the judiciary independent?’ The Aristotelian idea of separating functions has, to some extent, protected the independence of the judiciary vis-à-vis the executive and the legislature, but in the present, threats to the judiciary’s independence have become more varied and eclectic. These threats not only arise from the other two organs of government but also from the people and the nation’s politics. Modern constitutions around the world have acknowledged this and sought to insulate the judiciary from pernicious influences. A comparative study of different constitutional mechanisms enables us to identify both common and country-specific threats to the independence of the judiciary and learn from their experiences in mitigating them. This paper compares the constitutions of India, Thailand, Germany, and France, utilising the geographical and institutional diversity of their systems to achieve a richer comparison. The paper analyses the Constitutional texts, Relevant Legal statutes, Key committee reports, and various Case laws to get an objective view of the issue, untainted by the opinionated debates surrounding it. The end goal is to contribute to the rich discourse on the subject by identifying the glaring issues and the best practices for their resolution. In India, debates over the opacity of the collegium system, post-retirement appointments, and judicial accountability have intensified. Focusing on India, the paper will suggest practical and effective solutions to strengthen the independence of the judiciary and help in mitigating various threats arising from not only the other two organs of the government, the legislature, and the executive, but also from the people, the media and the politics of the country.

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