This action might not be possible to undo. Are you sure you want to continue?
Supreme Court of India
Supreme Court of USA.
1. 2. 3.
Relevant Articles / Sections. Appointment Process – An Inverted Pyramid. Comparisons.
3.1 3.2 3.3 3.4 3.5 Appointment. Removal. Age Limit. Qualifications. Procedure followed.
and Conviction of. Vice President and all civil Officers of the United States. shall appoint Judges of the Supreme Court. NO QUALIFYING CRITERIA LAID DOWN. Treason. ” Excerpt from Article 124(2): “ Judges shall hold office until the age of 65 years. Bribery. shall be removed from Office on Impeachment for.1 . ” .Relevant Articles / Sections: Constitution of India: Excerpt from Article 124(2): “ Judges shall be appointed by President in consultation with such of the Judges of Supreme and High Court as the President may deem necessary ” (Please Note: Nominating Authority = Not Defined Selecting Authority = Executive + Judiciary) (Please Note: Nominating Authority = Executive. or other high Crimes and Misdemeanors. Selecting Authority = Executive + Legislature) Constitution of USA: Article II – Section 2: “ The President shall nominate. ” (Please Note: No statutory retirement age. ” Article III – Section 3: “ Judges shall hold their Offices during good behaviour.. Judges can continue to hold office for a lifetime. and by and with the Advice and Consent of the Senate. as per the procedure laid down under the Article.) Article 124(3) (a)&(b): Prescribes certain criteria to qualify for appointment as a Judge. Article ….Section 4: “ The President. Article 124 (4): Judges shall be removed by the President after a vote in both the houses of Parliament. Article II .
from which a short-list of nominees is to be drawn. (For the sake of understanding an appointment process. consider the following simple example: Have you ever observed the popular Film Fare Award Process that is televised every year? First there are 4 to 5 nominations announced > Next the selection of a winner has to be from the nominees just announced > And finally the selected awardee is presented with the award trophy! There may be tens of movies made in a particular year. Appointment Process – An Inverted Pyramid: Before we get into comparisons. Nomination (most important): A Wide step. but the selection of an awardee can never happen from outside the list of nominees!) . open to all the eligible citizen candidates. Step 3. Step 2. Appointment (least important): Choice almost absolutely limited to the selection made in Step 2. Finally. Selection (less important): Choice before a selection authority is limited to the short-listed nominees offered from Step 1. I would like to bring it to the notice of readers that any appointment process to a Government employment (or for that matter any employment) is an inverted pyramid > wherein there are 3 distinct steps > these 3 steps have a definite chronological order > and each step limits the outcome of the next chronological step. as depicted below: Figure: Appointment Process – An Inverted Pyramid Nominate most imp Select less imp Appoint least imp Step 1.2.
1 Appointment of Judges: 3. Legislature is out of loop while making a judicial appointment.1.16 (1) is presently not being followed while making Judicial Appointments. and as such. Qualifications. mean that nominations should be invited by giving open advertisements in news papers. Appointment of Judges = Judiciary + Executive.1 3.2. Procedure followed. to consult with the Executive to seek consent of the Senate (Senate = Legislature).1. Comparisons USA 3. I would like to believe. Please Note . Removal. Executive is the clear Designated Authority responsible for proposing Judicial Nominees. Appointment of Judges = Executive + Legislature.B: – Some important facts about the Judicial Nomination Procedure in India: For nominations to any Public Office under the State: As per Article 16(1).2 3.same provision in both the countries): 3.5 Appointment. Appointment Executive appoints the candidate as a Judge. . Age Limit.4 3. it may be the Judiciary which nominates the prospective judicial candidates for itself.3 3.3.INDIA 3. 3. which as per numerous judgments of the Supreme Court of India. the nominations should be invited by giving equality of opportunity to all the eligible citizens. that implicitly. while making a judicial appointment.1. Nomination.Art. Executive appoints the candidate as a Judge. Judiciary is out of loop.1. N. Selection: Executive Judiciary. 3. Its a big secret as to who suggests/submits the list of Judicial Nominees before the selection authority. (Dicto . No Designated Authority for proposing Judicial Nominees.
a Judge may continue in office lifetime. to qualify for appointment as a Judge. both the houses of Legislature. It is a two majority of total membership + 2/3rd step procedure passing through both of those present in each of the houses the houses of Legislature.INDIA 3. No statutory qualifications. Article 124(3) (c) gives the President of India discretion to overrule the criteria laid down in 124(3) (a) & (b).3 Age Limit: USA The age limit for a Judge to continue in office is limited to 65 years. Although. (Difficulty Level of Removal = (Difficulty Level of Removal = Extremely High) INDIA Extremely High) 3. . i.e.4 Qualifications: Basic necessary requirements laid down under Article 124(3) (a) & (b). USA 3. INDIA No age limit.2 Removal of Judges: USA Judges shall be removed on proved Judges shall be removed from the misbehaviour or incapacity by a office on impeachment.
his name is forwarded to: Federal Bureau of Investigation (FBI) for Investigation. In Legislature. the nomination is first put before the Senate Judiciary Committee which consists of 18 members (Senate is a legislative body. I lack knowledge about what to elaborate except that there is some collegium which takes these decisions. If Executive approves the nomination. quite similar to our Upper House of Parliament). background interview nominee on telephone to clear up any ambiguity in the file etc. he signs it and sends it to the Legislature for approval. Sorry. American Bar Association (An and nominates a prospective Selection aspect of the Appointment process of Judges is a big SECRET. independent NGO) for Evaluation. . Department of Justice follows a detailed procedure candidate. If the FBI and ABA ratings are positive the name is put before the Executive for approval.INDIA 3.5 Procedure Followed: (Now here lies a very big difference) USA At the present moment The Procedure followed is very elaborate: the procedure followed In the event of a Judicial Vacancy: for Nomination & Executive forwards the requirement to the Department of Justice. investigation. Staff of the Senate Judiciary Committee follows a due procedure some like reviewing FBI check. Having nominated a candidate.
Hmmm …. Finally the Executive (President) appoints the nominee as a Federal Judge. the same pillar of democracy is involved in its Appointment. After the hearing. and the entire hearing proceeding is TELEVISED. . the proposal goes before the Full Senate (Full House).1 Who Appoints Judges ? INDIA Executive + Judiciary USA Executive + Legislature In India. The Senate Judiciary Committee then holds a hearing with the Judicial Nominee. and if the nominee gets the majority vote. the Senate Judiciary Committee members vote. In USA. does that sound transparent & elaborate ????? 4. the other two pillars of democracy are involved in the Appointment of the judicial pillar of democracy.. the Judiciary sits in its own appointment in India whereas Judiciary does not sit in its own appointment in USA. If the Full Senate approves by a majority vote the nomination is then forwarded again to the Executive. Thus. Conclusion: 4.
2 Who Nominates Judges ? INDIA Secret Closed Door Affair USA Transparent & Elaborate 4.Difficult Elaborate & Transparent Procedure Exit .4. Difficulty in Appointment as well as Ease v/s. 4. apart from the Secretive Nominations. it is even more closely guarded a secret. as to how a selection is made from amongst the secret Judicial Nominees.3 Procedure followed for selection of Judges: INDIA Secret Closed Door Affair USA Final Confirmation Hearing with Senate (Legislature) Judiciary Committee .4 Ease v/s.Difficult Requires concurrence of Both the Houses of Legislature .Difficult Requires concurrence of Both the Houses of Legislature Exit .Easy Short & Secret Prodecure USA Entry . Whereas in USA not only a transparent & a very elaborate selection procedure is followed. but also the final confirmation hearing held by the Senate Judiciary Committee with the prospective judicial candidate is televised nation wide.Televised In India. Difficulty in Removal of Judges: INDIA Entry .
Difficult Entry = Increases the probability of a Qualitative Appointment. Difficult Exit = Necessary for the Independence of Judiciary.How Article 16(1) is applicable to the process of Appointment of Judges in India? .Thus.” This provision is emphatically applicable to the Nomination Aspect of the Appointment process of Judges in India. (one only needs to know someone in the right place.Entry .com Post Script: Next Article . nominations should be invited by open advertisements. at least that is what I would like believe given Whereas. once appointed to the post. selection (Entry) of Judges is easy in India the utmost secrecy maintained in Appointment of Judges). as the entire nomination & selection procedure is transparent & elaborate.5 Last but not the least (India Specific): Article 16(1) of the Constitution of India. lays down as follows: “There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. and hence while filling up any Judicial Vacancy. it is difficult in both the countries (Exit needs to pass through both the houses of Legislature). 4. Sunil Ahya 098200 71606 sunilahya@gmail. removal (Exit) is concerned. selection (Entry) of Judges is difficult in USA. Exit As far as.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.