A critical view on ‘higher judicial appointment’ in India” A Constitutional perspective

The constitutionalism principles are ingrained in the working of the Constitution and those principles are mainlyrule of law, separation of powers, supremacy of constitution and principles of checks and balances. The judiciary while interpreting the appointment process has took upon itself the appointment process without giving any room for the principles of checks and balance to be applied in this field. The Collegium system of appointment to the higher judiciary is beset with problems and it is high time that it is done away with and equilibrium restored in the system of appointment.