Ensuring Judicial Integrity: A Look at the Appointment Procedure of Judges in India, South Africa and the USA

Ordinarily, a state has three organs namely, legislature, executive and judiciary. The legislature is responsible for enacting laws and policies which govern the state. The executive is entrusted with executing the laws and policies framed by the legislature. The judiciary is responsible for resolving disputes between and among the state and the people along with interpreting the constitution and the laws. An independent judiciary is a crucial feature of a functioning democracy. It ensures impartial decisions in both private and public law disputes and acts as a check on legislative and executive powers. It protects and helps develop the political, social and economic rights of the people. Furthermore, it protects the rule of law, the fundamental principle that every democratic state follows. The independence of the judiciary of a state depends on numerous factors namely, the procedure of appointment and promotion of judges, the terms and conditions of judicial tenure, financial autonomy in terms of administration of the courts and the procedure of removal of judges. In this paper, the author shall analyse the system of judicial appointments in India and compare it with that of South Africa and the United States of America, and thereafter suggest steps to ensure and uphold the principle of judicial independence and integrity in India.