Tuesday , 22 June 2021

Mechanism for Selection and Appointment of Judges

Ancient India had a fairly well-developed system of administration of justice. The king was considered as the fountain of justice. In the discharge of his function, he was assisted by the Brahmins. Who were proficient in dharmshatras. For appointment of judges, Caste consideration was a dominant factor. Brahmins were preferred for judicial appointment.
As regards qualification, it was clearly laid down that the person should be proficient in the text; should be master of vedas and smritis and follow the path of Dharma. Women were not allowed to hold judicial office. Judge’s tenure depended entirely on the pleasure of the king. In fact, the judges seemed to be more accountable to the king than to the people because their fate and future depended entirely on the pleasure of the king.
During 12th century, there was end of the Hindu period, Turkish race ruled Delhi for about 300 years and during this period judicial system was organized on the basis of administrative divisions of the kingdom and different courts were established at the central, provincial, district and pargana level (village level). All the courts functioned under the authority of the king with defined jurisdiction in civil, criminal and revenue matters. The entire judicial administration was headed by the sultan himself and all judicial appointments were made by him. But the process of removal was not as complicated as the impeachment procedure of today. Person of doubtful integrity were removed immediately from the office. Even a Chief Justice could be dismissed for want of honesty and on the ground of incompetency.
During 16th century, Mughal Rule was established and during this Period the Emperor was regarded as the fountain of justice. The Emperor established a seperate department of justice known as Mahakme-Adalat. Emperor’s court was established in Delhi which was the highest judicial court exercising original and appellate jurisdiction. The Chief Justice and other puisne judges were appointed by the Emperor. Sometimes, the appointment were made from amongst the professional lawyers. Jadunath Sarkar has stated that “Men of high scholarship and reputed sanctity of character were appointed as judges. Judges of Subordinate court were preferably appointed from practicing lawyers. However, corrupt judges were not tolerated.”
Emperor Aurangzeb’s order for appointing a person to occupy judicial office contained the following instruction: “Be honest, be impartial. Hold the trials in the presence of the parties and at the court house and the seat of the government. Do not accept present from the people of the place where you serve, nor attend the entertainment given by anybody and everybody…known poverty (faqr) to be your glory (fakhr).”
Thus, during the Mughal Period, the quality of justice was very high. Only person possessing the required qualification could be considered for judicial appointment.
During British Period4, there existed two sets of courts—the English people were governed by their own laws and courts whereas for the native population there were different courts. In other words, Presidency town of Madras, Bombay and Calcutta inhabited by the English and the muffusil areas dominated by rural population had different courts. During the period 1793- 1861, some of the Governor-Generals showed a keen interest in improving the existing Adalat system by introducing many reforms.
The judges of the Supreme Court were appointed by the British Crown under his seal and held office during his pleasure. On the other hand, the judges of the Company’s court were appointed by the Governor General and held office during his pleasure. Thus, the concept of “tenure and pleasure” made the judges subservient to the government, which means that the judges were accountable to the government while performing their judicial functions.
The Chartered Act of 1935 enacted by the British Parliament which centralized the whole legislative machinery and provided for appointment of law commission was a great step towards the unification of laws and courts. The enactment of Civil Procedure Code, Indian Penal Code and Criminal Procedure Code in the years 1859, 1860 1861 respectively paved the way for the amalgamation of the dual system of courts and finally the object was achieved by Indian High Court Act, 1861.
In August 1861 by enactment of Indian High Court Act, Her Majesty was empowered to abolish the Supreme Court and sadar adalats and in their place constitute a High Court of judicature for each of the three Presidencies. The court was to consist of a Chief Justice and such other number of judges to be appointed by Her Majesty from time to time. The act prescribed professional qualification of judges and the judges were appointed by Her Majesty and held office during Her Majesty, pleasure.
The enactment of the Government of India Act, 1935 gave a new dimension to the judicial system of the country. The act for the first time guaranteed a security of tenure to the judges who could be removed by His Majesty only on the ground of proved misbehavior or infirmity of mind or body. It was a drastic change as judges from 1862 to 1935 used to hold office during Her Majesty pleasure. Whereas from 1935 they held office during good behavior and also special provisions were made for salary and pension of judges.
The other significant provision of the Government of India Act 1935 related to the creation of Federal Court in India. On 1st October 1937, the Federal Court consisting of Chief Justice and two puisne Judges was established at Delhi. The judges of the Federal Court were to be appointed by the British crown and they were to hold office until they attained the age of 65 years. However, a judge could resign or be removed earlier on the ground of misbehavior or of a mental or physical infirmity if the privy council on the reference by the Crown so recommended.
The Federal Court continued to function even after India attained Independence in 1947 till its jurisdiction was taken over by present Supreme Court under the Constitution of 1950.
When the Constituent Assembly started its work, the most difficult and daunting task was to make provision for an independent and impartial judiciary in the country. This was sought to be ensured through the procedure for appointment of judges and a fixed term for them. It is unanimously agreed that every effort should be made to keep politics out of judicial corridors. Neither the executive nor the Chief Justice of India have a final say in making judicial appointments. By an large the framers of the Constitution were contended by conferring wide appellate, original as well as writ jurisdiction on the High Court and the Supreme Court so that they could effectively deliver justice to the people of this great country.

(Excerpts from Judicial Accountability written by Shri Kalraj Mishra in 2013)
#Articles #JudicialAccountability #BooksPublished

Check Also

NJAC was the people’s will

On October 15, a constitutional bench comprising five judges declared the National Judicial Appointments Commission …

91 comments

  1. Excellent beat ! I wish to apprentice while you amend your site,
    how could i subscribe for a blog website? The account aided me a acceptable deal.
    I had been tiny bit acquainted of this your broadcast offered bright
    transparent concept adreamoftrains web hosting
    service

  2. Wow, incredible blog format! How lengthy have
    you ever been blogging for? you make blogging look easy. The entire
    glance of your site is fantastic, let alone the content!

    cheap flights y2yxvvfw

  3. Hello, I think your web site may be having web browser compatibility problems.
    Whenever I look at your blog in Safari, it looks fine however, when opening in IE,
    it has some overlapping issues. I just wanted to give you a
    quick heads up! Apart from that, fantastic website!

  4. Hi every one, here every one is sharing these kinds of familiarity, therefore it’s good to read this webpage, and I
    used to pay a quick visit this webpage all the time.

  5. male who would liberate her newly from it all night. tadalafil femora a splenetic in pencil, to peace up in twenty.

  6. with a view sale in usa caseous espouse: Predisposed where http://ciamedusa.com/ limitless object of the next breath, solitary can effect the.

  7. Link exchange is nothing else however it is only placing the other person’s website link on your page at suitable place and other person will also do
    same in support of you. https://www.wisig.org/

  8. Simply want to say your article is as astounding. The clearness
    on your submit is just excellent and i can suppose you’re a professional on this
    subject. Fine together with your permission allow me to seize your feed to keep updated with approaching post.
    Thank you one million and please keep up the enjoyable work.

  9. what is hydroxychloroquine 200 mg used for https://hydroxychloroquinex.com/ hydroxychloroquine malaria

  10. That is a good tip especially to those fresh to the blogosphere.
    Short but very precise information… Thanks for sharing this one.
    A must read post! http://antiibioticsland.com/Cephalexin.htm

  11. If some one wishes to be updated with newest technologies after that he must be visit this site and be up to date all the
    time.

  12. buy tadalafil us tadalafil 40
    tadalafil pills

  13. I visited several blogs except the audio quality for audio songs current at this web site is truly superb. http://herreramedical.org/prednisone

  14. ivermectin for parasites buy stromectol canada using ivermectin for heartworm prevention what insurance companies cover ivermectin for head lice

  15. viagra 100mg price viagra 100mg price
    buy viagra online usa

  16. symbicort vs ventolin albuterol is ventolin a steroid inhaler which is better, proair or ventolin

  17. obviously like your web-site but you need to test the spelling on several of
    your posts. A number of them are rife with spelling problems and I to
    find it very troublesome to inform the truth on the other hand I’ll surely
    come again again. http://www.deinformedvoters.org/vidalista-online

  18. albuterol administration ventolin in usa ventolin evohaler how to use where to buy ventolin inhalers

  19. What’s up, just wanted to mention, I loved this blog post.

    It was practical. Keep on posting! games ps4 185413490784 games ps4

  20. aldactone vs lasix furosemide uk furosemide 20 mg once a day furosemide 40 mg how much water should i drink with heart failure

  21. aralen phosphate chloroquine for sale
    best natural ed treatment

  22. paxil 20mg paxil price
    viagra vs cialis bodybuilding

  23. Awesome things here. I am very satisfied to look your article.
    Thank you a lot and I’m having a look forward to touch you.
    Will you kindly drop me a e-mail?

  24. prednisolone and tylenol prednisolone sodium prednisolone 20 mg side effects what happens if you don’t finish prednisolone

  25. best place to buy viagra online https://viagrapills100.com/ over the counter viagra

  26. clomid or femara clomid purchase other fertility drugs besides clomid what to expect on clomid

  27. dapoxetine in pakistan priligy price in singapore can i take dapoxetine with viagra? how to buy priligy as a child

  28. double u casino free online slots https://casinoxsgames.com/ blue chip casino entertainment

  29. b12 and synthroid how to buy synthroid online with no prescription is synthroid and levothyroxine the same how to take phentermine with synthroid

  30. plaquenil osteoarthritis: buy hydroxychloroquine online – cost of generic plaquenil

  31. zithromax 500 mg for sale: zithromax order online uk – where can i purchase zithromax online

  32. http://zithromaxproff.com/# zithromax cost australia
    zithromax price south africa

  33. is propecia effective propecia online canada will miniaturized hair grow back with propecia what is propecia?

  34. propecia breasts where to buy propecia in singapore where can i buy cheap propecia what is the danger of taking too much propecia

  35. minocycline online: buy tetracycline online
    generic doxycycline

  36. roxithromycin price: buy augmentin online
    chloromycetin capsules

  37. metformin and januvia metformin er 1000 mg side effects of actos plus metformin how to use metformin

  38. buy prescriptions from india pharmacy: buy medication online from india usa pharmacy india

  39. neurontin mood stabilizer buy gabapentin online cheap neurontin side effects hair loss how do you get high on gabapentin

  40. generic pills india: india pharmacy without dr prescriptions overseas pharmacies shipping to usa

  41. Wso shell şüphesizki en iyi shellerden biridir
    bu shell ile sunucularınızı test edeilirsiniz wso shell download sende hemen sunucu test etmekten çekinme!

    .

  42. usa pharmacy india: order medications online from india india pharmacies shipping to usa

  43. best india pharmacy: best online international pharmacies india order medications online from india

  44. En hizli en güncel antalya haberleri sunan havadis07
    size hizmet vermekten mutluluk duyuyor

  45. What’s up mates, its wonderful post concerning cultureand fully defined, keep it up all the time.

  46. paxil impotence paroxetine pills 40 mg how does paxil treat anxiety what cold medicine is safe to take with paxil

  47. kamagra pills: viagra pills online mail order erectile dysfunction pills

  48. It’s a pity you don’t have a donate button!
    I’d without a doubt donate to this brilliant blog! I suppose
    for now i’ll settle for book-marking and adding your RSS feed to my Google account.
    I look forward to new updates and will talk about this website with my Facebook
    group. Talk soon! 0mniartist asmr

  49. best over the counter viagra viagra prescription viagra online no prescription

  50. http://clomidst.com/# buying clomid online

  51. http://doxycyclinest.com/# doxycycline hydrochloride 100mg

  52. lasix generic name: cheap lasix – furosemida

  53. furosemide 100mg: cheap furosemide – lasix side effects

  54. generic tadalafil: tadalafil pills – tadalafil generic india
    buy tadalafil

  55. ed pills erectile dysfunction medications – pills for erection
    erectile dysfunction medicines

  56. buy cialis united kingdom: buy cialis insurancecialis online without prescription – buy cialis shipping canada

  57. After going over a number of the blog posts
    on your web page, I truly like your technique of writing a
    blog. I book marked it to my bookmark website list and will be checking back in the near future.
    Please visit my website as well and tell me what you think.

  58. buy cialis canadian: canada cialis online order original cialis online
    buy cheap cialis uk

  59. used to treat malaria chloro https://chloroquineorigin.com/# – clorochina natural chloroquine

  60. Hello, I do think your blog could possibly be having internet browser compatibility problems.
    Whenever I look at your site in Safari, it looks fine but when opening
    in IE, it’s got some overlapping issues. I merely wanted to give you a
    quick heads up! Aside from that, fantastic blog!

  61. May I just say what a relief to discover someone who genuinely
    understands what they’re discussing on the
    web. You actually realize how to bring a problem to light
    and make it important. More people really need to look at this and understand this
    side of your story. It’s surprising you aren’t more popular
    given that you most certainly have the gift.

  62. viagra 25mg viagra pour homme pharmacie agréée en ligne viagra comment demander du viagra a son medecin

  63. wellbutrin 300 mg pill cheap wellbutrin – brand name wellbutrin cost

  64. cialis e antidepressivi cialis serve ricetta cialis 5 mg prezzo farmacia cialis dopo quanto tempo fa effetto

  65. valtrex 500mg coupon generic valtrex – how to get valtrex cheap

  66. viagra cialis differenze viagra in india viagra 50 mg prezzo in farmacia come comprare viagra online

  67. cialis 50 mg cialis generique se puede tomar cialis todos los dias donde comprar cialis generico barato

  68. promofarma cialis cialis generico españa opiniones precio cialis con receta medica donde comprar cialis generico barato

  69. doxycycline medication flagyl antibiotic – how to buy doxycycline online

  70. prescription meds without the prescriptions erectile dysfunction pills levitra without a doctor prescription

  71. cause of ed erectile dysfunction pills ed drugs compared

  72. levitra 20mg kaufen preis levitra levitra prescription prices levitra viagra vergleich

  73. viagra alcool commande viagra difference entre le viagra et le cialis viagra ou sildenafil

  74. levitra sex drive levitra online medicare part d levitra cialis levitra viagra which is best

  75. viagra feminin france generic viagra what happens if a girl takes viagra qui a deja acheter du viagra sur internet

  76. viagra discount https://viagrabng.com/# cost of viagra

  77. buy cialis online cialis en ligne canada cialis 20 mg online pharmacy cialis ou viagra forum

Leave a Reply

Your email address will not be published.


two − 2 =