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Judicial primacy in appointing judges to the apex and high courts will come to an end as the new law becomes reality. Photo: Mint
Judicial primacy in appointing judges to the apex and high courts will come to an end as the new law becomes reality. Photo: Mint

Judicial Appointments Commission Bill: Bumps ahead

If the law is subjected to judicial review by Supreme Court, it will lead to a confrontation between the legislature and judiciary

The law to create a National Judicial Appointments Commission is now a mere formality.

With such a body, judicial primacy in appointing judges to the apex and high courts will come to an end. Does it spell an end to
judicial independence?

Not really. In the commission, the executive will still be outnumbered three to one by judges. The great thing about the debate on it has been that across the political divide, leaders have been unanimous in preserving the independence of this vital institution.

There may still be bumps ahead.

The commission has been proposed in the midst of a controversy over its composition. The Chief Justice of India has aired his unhappiness at the judiciary being criticized unfairly.

Hopefully, the law will not be subjected to judicial review by the Supreme Court as that will set a stage for a confrontation between the legislature and the judiciary, something India can do without.

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