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(The Part -1 of the Paper deals with introduction to the original constitution and the insertion of collegiums system

in the
matters to appointments of Judges in higher Judiciary)The Constitution has a place of pride to higher judiciary in India. The
Supreme Court and High Courts have vast powers for interpretation of Constitution. The Constitution has vested the power of
appointments of the Judges to the Supreme Court and High Courts, with the executive in consultation with the Chief Justice and
such other judges deemed necessary by the President in the appointment of Judges of Supreme Court and High Courts
as mentioned in the Article 124 (2) and in the Article 217(1). The collegium system came into existence in 1993. This system was
introduced with the objective of insulating the Judiciary from political interference but it has not provided any concrete criteria
for the prospective appointees. The original scheme of the constitution aimed to maintain check and balance between the
Executive and the Judiciary but this system has vested indisputable powers in the Judiciary.
The word Independence in very simple terms means, one who is free from outside control i.e. not influenced or affected by others
and this very one is impartial and capable of thinking or acting for oneself. Judges of the High Court and Supreme Court
have their tenure guaranteed by the Constitution. Article 121 and 211 prohibit any discussion in the Parliament or State
Legislatures on the conduct of a Judge of the Supreme Court or High Court in the discharge of their respective duties and
therefore, executives role in the process of appointment of Judges will not violate their Independency.

Title:
Analysis of National Judicial Appointment Commission Bill with apprehension to
Judicial Appointments and their Independency.

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