Appointing Judges through the Collegium: Risk and Challenges

Independence of Judiciary is very important and essential so that they can be impartial and perform their duty without any fear and favour as well as without any external pressure. Moreover, it is a basic feature of the Indian Constitution. Judicial independence requires the administration of justice and the judge should be free from any direct and indirect influence or interference of political bodies or non-political bodies. Therefore, freedom of judgment and appointment thereof becomes an important aspect for the head of the state which is followed by most of the countries of the world whether they are democratic or otherwise. The basic theory of a tripartite separation of powers between the legislature, executive and judiciary was first put forward in the eighteenth century by the French philosopher Montesquieu. It asserts that the autonomy of the courts is the greatest protection against the tyranny of the majority, and against those who would treat rights as fungible rather than unassailable. In keeping with this view, the framers of India's Constitution saw the judiciary as the primary guardian of the sort of equality-political and civil, as well as social-that they hoped Independence would usher in. To this end, the Constituent Assembly vested in the Supreme Court and the various High Courts the power of judicial review, which allowed the judiciary to strike down laws enacted by Parliament.