“The constitutional theory of checks and balances is a part of the basic structure of the Indian constitution.”
The absolute authority of the Collegium system in matters relating to appointment and transfer of judges of constitutional courts has been debated and questioned for long. The collegium consists of the Chief justice of India (hereinafter CJI) and his four senior-most colleagues, who regulate the matters of judicial appointments to the Supreme Court (or two senior-most colleagues in case of appointment or transfer to High Courts along with the senior-most judge having the concerned High court as his parent court).
Continue reading “Guest Post: Five Years of Striking NJAC: The Conundrum of Independence of Judiciary”