Independence of Judiciary

Published on : June 14, 2023

S.C.Advocates on Record Association v. Union of India was a case which was documented by the Lawyers Association. At first, it was a Writ Petition in the Public Interest. It was documented to know the huge number outward issues concerning the High Court and the Adjudicators for the highest court. The Second Judges Case was another name for this case. Justice J.S. Verma and four other judges who wrote the majority opinion heard this case. The main issue in this case was the "consultative" process, as stated in Article 124(2):

"Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the judges of the Supreme Court and High Courts of the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years."

The Court also pointed out that the executive branch does not have "primacy" or "absolute discretion" when it comes to appointment of judgesThe Court also observed:

 

“The indication is that in the choice of a candidate suitable for appointment, the opinion of the Chief Justice of India should have the greatest weight. The selection should be made as a result of a participative consultative process in which the executive should have the power to act as a mere check on the exercise of power by the Chief Justice of India, to achieve the constitutional purpose”.[1]

The above paraphrase clearly shows us that the court is placing the Judiciary above the Executive when it comes up to the appointment of Judges. The Court also went on to explain that when it has been mentioned that the Chief Justice of the court will have the upper hand, that means that the Chief Justice along with the collective opinion of some other Judges who have earlier been involved in such a procedure. There were certain other points which have been laid down in this Judgement which are as follows :

 

1)    Whenever there is a proposal in the appointment of a Supreme Court Judge, the process will be initiated by the Chief Justice of India.

2)    Every Judge should give his/ her opinion in a much expressed manner i.e. in written so as to maintain a better way of transparency and to have a better check on the entire procedure.

3)    The senior most Judge of the Supreme Court will be the Chief Justice until and unless there is a substantial reason as to why he should be executed from the same.

This Judgement helped make the process of appointment of judges much smoother and it also helped eradicate most of the political influence as on behalf of the executive and individual discretion on the part of other Constitutional bodies in the due process.



[1]Ibid, at 430

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