The Collegium: Politics of Separation of Power
Lead author · Corresponding
Nimisha Patra
Student at Jindal Global Law School, India
Abstract
The paper aims to critically analyze the judiciary and its separation from the legislature and the executive. It attempts to bring to light the unconscious bias of judges because of being a part of civil society. It dissects the history of the collegium through Constitutional Assembly debates, several landmark judgements whilst contextualizing the same in the present political system. In addition to this, the paper also elucidates on the impact of the Emergency on the Collegium system and how the Executive assumed great power over the same.
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