Kumar, Suvesh and Singh, Manu
Constitutional reforms act 2005 of UK: A comparison with procedure of appointment of judges in India - Bihar Journal of Public Administration - 19(1), Jan-Jun, 2022: p.199-205
Appointment of Judges has been key to establishment of Rule of Law in modern states. The authority to appoint judges in Britain, vested earlier with the King on advice of Council of Ministers, has now been transferred to the Independent Commission established by Constitutional Reforms Act, 2005. In India, the provisions and procedures of appointment of judges of superior courts almost followed the British pattern in which the President appoints the judges of superior courts on advice of Prime Minister who does so on the recommendation of Chief Justice of India in consultation of four senior judges, popularly known as Collegium system. The system has been practiced for decades on certain accepted legal maxims but the Supreme Court Advocates on Records Association questioned it on the ground that the term ‘consultation’ has been interpreted as ‘concurrence’ of the Collegium. The present paper intends to study the applicability of legal maxims to various provisions of 2005 Act of UK, the constitution of India and makes a comparative study of how violation of the legal maxims took place. – Reproduced
Appointment of judges, Procedure, UK, India, Constitution, Collegium.
Constitutional reforms act 2005 of UK: A comparison with procedure of appointment of judges in India - Bihar Journal of Public Administration - 19(1), Jan-Jun, 2022: p.199-205
Appointment of Judges has been key to establishment of Rule of Law in modern states. The authority to appoint judges in Britain, vested earlier with the King on advice of Council of Ministers, has now been transferred to the Independent Commission established by Constitutional Reforms Act, 2005. In India, the provisions and procedures of appointment of judges of superior courts almost followed the British pattern in which the President appoints the judges of superior courts on advice of Prime Minister who does so on the recommendation of Chief Justice of India in consultation of four senior judges, popularly known as Collegium system. The system has been practiced for decades on certain accepted legal maxims but the Supreme Court Advocates on Records Association questioned it on the ground that the term ‘consultation’ has been interpreted as ‘concurrence’ of the Collegium. The present paper intends to study the applicability of legal maxims to various provisions of 2005 Act of UK, the constitution of India and makes a comparative study of how violation of the legal maxims took place. – Reproduced
Appointment of judges, Procedure, UK, India, Constitution, Collegium.