HIGHER JUDICIAL APPOINTMENTS AND JUDICIAL INDEPENDENCE: TUSSLE BETWEEN JUDICIARY AND EXECUTIVE

Abstract

Executive, legislature and judiciary, the three organs of the government, need to be independent and accountable to each other as propounded by Montesqui’s Separation of Power doctrine and Checks and Balances. These doctrines are very much essential for good governance of any democratic country. Judiciary, being the protector and guardian of the constitution, which is the will of the people, is required to be more independent and outside the influence of the legislature and the executive. There have been many instances of conflict between the tripartite organs of the government. But, the ongoing tussle between the Judiciary and the executive regarding higher judicial appointments where the central law minister commented and criticized the present Collegium system of appointing judges as opaque, unaccountable and also is very firm in having representation of a member from the executive has once again raised the issue of Independence of Judiciary. This paper mainly emphasizes on the concept of Independence of judiciary its linkage to Rule of law. It also speaks about the higher judicial appointment and the conflict between the executive and the judiciary. This paper finally concludes with possible suggestions.