Appointment and Removal of Judges

  • Aditi Agarwal
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  • Aditi Agarwal

    Student at Symbiosis Law School, Pune, India.

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Abstract

The framers of India’s written Constitution wisely incorporated checks and balances to bring out the harmonious balance in the power and responsibilities of the three wings of the Government i.e. the Executive, the Legislature and the Judiciary. They already knew that the absence of such a balance or even the perversity would render effective governance an impossibility. The individuals especially look up to the Judiciary to keep up and safeguard the equilibrium by its interpretation of various laws and decisions on the legitimateness and lawfulness of the exercise of their functions by various authorities, in cases preceding it. This research paper work deals with appointment, removal, and transfer of the Judges of the superior Judiciary in India. The object behind this research work as the topic itself says is to strengthen the Superior/Higher Judiciary. As my current research work is on 'Superior Judiciary', my main object has been for its independent functioning. The reason behind it is that the very existence of an orderly society depends upon the efficient and smooth functioning of its justice delivery system. A free judicial system is always considered imperative to support the efficacy of any Constitutional Order and great Governance. That is why any issue of utmost importance should always be seen through the prism of an Independent Judiciary.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 2127 - 2136

DOI: https://doij.org/10.10000/IJLMH.112124

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