How to Appoint Judges to the Superior Judiciary?

The appointment of judges to the higher judiciary continues to be mired in controversy. So much so, there have been some sharp, public comments by Law Minister Kiren Rijiju on the subject. He has written to the Chief Justice of India, D.Y. Chandrachud, suggesting that a Central government representative sit on the collegium of Supreme Court judges that makes appointments to the top court. On several occasions, the Centre has sat on appointments that, perhaps, were not to its liking, drawing the ire of the Supreme Court.

Justice Chandrachud recently referred to the “basic structure” of the Constitution as the “north star”, or a guide to the judiciary. This comment followed public remarks by Vice-President Jagdeep Dhankar that questioned the “basic structure” judgment delivered by 13 judges of the Supreme Court 40 years ago. 

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