Who picks whom?
THE WEEK India|December 18, 2022
Debates of the 1940s return as the government and judiciary lock horns over appointment of judges and election commissioners
Soni Mishra
Who picks whom?

How appointments would be made to two crucial Constitutional institutions-the higher judiciary and the Election Commission was at the centre of some of the most engrossing discussions in the Constituent Assembly as it drafted the Constitution. The debates dealt with the correlation between the method used to appoint these officials and the impact this might have on their independence and impartiality.

The Constituent Assembly did debate whether the judiciary should be given primacy regarding the appointment of judges and whether it should initiate the process rather than the executive. Members emphasised the need to preserve the independence of the judiciary by insulating the process from political influences. Ultimately, the Constituent Assembly rejected the proposal.

It stated, under Article 124(2) of the Constitution: "Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty five years: Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted."

Denne historien er fra December 18, 2022-utgaven av THE WEEK India.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.

Denne historien er fra December 18, 2022-utgaven av THE WEEK India.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.

FLERE HISTORIER FRA THE WEEK INDIASe alt
A golden girl
THE WEEK India

A golden girl

One of India's most formidable beauties passed away earlier this month. The odd thing is she would absolutely hate this obituary; she hated being written about and avoided publicity for all of her nine decades. Indira Aswani was 93 when she died. But anyone who encountered her, even briefly, was in such awe of her grace and poise, and one could not but remember her forever.

time-read
2 mins  |
September 29, 2024
The interest in wine is growing delightfully in India
THE WEEK India

The interest in wine is growing delightfully in India

The renowned British wine writer and television presenter Jancis Robinson, 74, recently came to Delhi and Mumbai to reacquaint herself with India's wine industry. This was the Robinson's fourth visit to India; the last one was seven years ago. On this trip, Robinson and her husband, restaurateur Nicholas Lander, were hosted by the Taj Hotels and Sonal Holland, India's only Master of Wine.

time-read
3 mins  |
September 29, 2024
United in the states
THE WEEK India

United in the states

Indian-Americans coming together under the Democratic umbrella could get Harris over the line in key battlegrounds

time-read
5 mins  |
September 29, 2024
COVER DRIVE
THE WEEK India

COVER DRIVE

Usage-driven motor insurance policies offer several benefits

time-read
3 mins  |
September 29, 2024
GDP as the only measure of progress is illogical
THE WEEK India

GDP as the only measure of progress is illogical

Dasho Karma Ura, one of the world's leading happiness experts, has guided Bhutan's unique gross national happiness (GNH) project. He uses empirical data to show that money cannot buy happiness in all circumstances, rather it is family and health that have the strongest positive effect on happiness. Excerpts from an interview:

time-read
2 mins  |
September 29, 2024
India is not a controlling big brother
THE WEEK India

India is not a controlling big brother

Prime Minister Tshering Tobgay considers India a benevolent elder sibling as the \"big brotherly attitude\" is happily missing from bilateral ties. He thinks the relationship shared by the two countries has become a model of friendship not just for the region, but for the entire world. \"India's attitude is definitely not of a big brother who is controlling and does not allow the little brother to blossom and grow,\" says Tobgay in an exclusive interview with THE WEEK.

time-read
10+ mins  |
September 29, 2024
Comrade with no foes
THE WEEK India

Comrade with no foes

Lal Salaam, Comrade Yechury-you were quite a guy!

time-read
2 mins  |
September 29, 2024
Pinning down saffron
THE WEEK India

Pinning down saffron

In her first political bout, Vinesh Phogat rides on the anti-BJP sentiment across Haryana

time-read
4 mins  |
September 29, 2024
MAKE IN MANIPUR
THE WEEK India

MAKE IN MANIPUR

Home-made rockets and weapons from across the border are escalating the conflict

time-read
5 mins  |
September 29, 2024
SAHEB LOSES STEAM
THE WEEK India

SAHEB LOSES STEAM

Coalition dynamics and poor electoral prospects continue to diminish Ajit Pawar's political stock

time-read
5 mins  |
September 29, 2024