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The growth of CCs began after World War II and has accelerated in recent constitutional transitions. The procedures for appointing judges aim to strike a balance between democratic legitimacy the independence protections. Judicial scrutiny of legislation & arbitration of constitutional challenges is common CC responsibility. In circumstances involving human rights, individuals may be granted access. Although democratic theory doubts the legitimacy of CCs, they appear to be a viable paradigm for reconciling majority rule without safeguards against misuse provided CCs’ authority is limited by “judicial restraint.” CCs are so different from other courts in terms of the sociology of laws that socio-legal conclusions concerning judge conduct aren’t always applicable. CCs must demonstrate their independence notwithstanding the political nomination process and institutional interest pressures.
CONSTITUTION OF THE COURT
The original 1950 Constitution called for a Chief Justice of the Supreme Court & seven puisne judges, with Parliament having the power to expand that number. In the beginning, every one of the Supreme Court’s judges sat together just to hear the matters that were brought before them. Because as Court’s workload grew and case backlogs accumulated, Parliament resulted in a rise of judges from eight in 1950 to eleven in 1956, fourteen in 1960, eighteen in 1978, twenty-six in 1986, and thirty-one in 2008. (Current strength). Because as the number of Judges has grown, they have begun to sit in small Benches of 2 and 3, only joining together in bigger Benches of five or more when necessary or to resolve a disagreement.
The Chief Justice of the Supreme Court, together with no and over 30 other judges chosen by that of the President of India. Judges of the Supreme Court retire when they reach the age of 65. To be appointed as little more than a Supreme Court Judge, a person must be an Indian citizen but have served as a Judge of something like a High Court or two or even more such Court system in succession until at least five years, or as an Advocate of something like a High Court or two or even more of that kind Courts throughout succession for the at least ten years, or be a distinguished jurist inside the viewpoint of the President.
JUDICIAL INDEPENDENCE
The authority to preserve the rule of law beyond fear of external pressure and to retain direct control over the government’s activities is known as judicial independence. The judiciary’s independence is enshrined in the Constitution’s basic framework. The judiciary’s independence guarantees that the responsibilities of both the Parliament, various State legislatures, and the Executive are correctly apportioned, however, there is a compromise between individual needs and societal standards. The judicial system often is considered neutral because it lacks any philosophy or political goals.
Judicial independence seems to have been a source of contention across the world. However, because India has a codified constitution, the judiciary’s independence is explicitly stated, making this notion much more significant. The term “judicial independence” refers to the legal community’s ability to make judgments without being influenced by outside forces. The judiciary is crucial not just for administering justice but also for resolving inter-state issues. This could only be accomplished if the court is free of any external influences. One of the most significant functions inside the legal system is that of judges. As a result, judicial independence entails judicial independence.
CONCLUSION
The judiciary’s independence begins with the nomination of judges to the courts. The Supreme Court justices are appointed by Articles 124 to 147, while the High Court judges are appointed under Articles 214 to 231 of the Constitution. In addition, the Constitution mentions the Subsidiary Courts in Articles 233 through 237. The court of District Courts is the highest subsidiary court. The Constitution’s founders split its judiciary, legislature, & executive into 3 distinct organs in order to guarantee that each organ performs its functions independently and without interfering with the operation of the others, as well as to assist support the Preamble’s ideals.
