One of the main ways to secure judicial independence relates to the appointment of the judges. A judiciary that works under government favour, fear, or pressure i.e., a ‘committed judiciary’ can never give impartial, fair decisions especially when the government is a party in any dispute. The judges of the Supreme Court and High Courts are appointed by the President of India who is expected to be politically neutral.
However, according to the 42nd Amendment Act, the President acts on the aid and advice of the Union Ministry, Hence, executive interference in judicial appointments is a real possibility. Since the 1990s, the Supreme Court ruled that the Judiciary must play a leading role in its judicial appointments. The Supreme Court set up a Collegium consisting of the Chief Justice of India and the four senior-most judges of the court which would recommend names to the President for appointment to the Supreme Court and the High Courts. The Government’s role in this process has now been minimized.
