Appointment of Judges
The appointment of judges in India is a complex process characterized by political influence and historical precedents. It emphasizes the significance of maintaining judicial independence while acknowledging the political factors at play. The process for appointing judges, especially the Chief Justice of India (CJI), has evolved through conventions, occasionally broken by political decisions that superseded seniority norms. The role of the President, in consultation with the Chief Justice and senior judges, is crucial in this process, reflecting a blend of judicial autonomy and political dynamics.
The criteria for appointment focus on legal expertise rather than political affiliation, aiming to protect the independence of the judiciary from executive influence. Additionally, the security of judges’ tenure and financial independence are built into the Constitution to safeguard against political pressures. This section outlines the historical instances of controversial appointments, such as the superseding of senior judges, alongside the intricate procedures and constitutional safeguards designed to uphold the judiciary's independence.