POLITICAL BATTERING OF THE JUDICIAL APPOINTMENTS PROCESS: A BELEAGUERED CONSTITUTIONAL INFRASTRUCTURE

Abstract

The striking sync between the constitutional functionaries establishes the template of the relationship envisaged in the Indian Constitution between the Judiciary and the Executive. The relationship between the two organs is akin to constitutional wedlock that demands mutual faith, fidelity, and longstanding passionate commitment. If failure exists on any counts, the relationship develops intermittent fissures and timeless frictions. It is imperative to further the spirit of collegiality to ensure this successful constitutional collaboration.The insatiable appetite demonstrated by the political establishments in draping the Judiciary with political colors and making relentless attempts to bring judicial functioning to a standstill prepares an unfailing recipe for the constitutional crisis. The shortage of consensus in drawing up an acceptable Memorandum of Procedure has led to an embarrassing deadlock between the Judiciary and the Executive on the issue of judicial appointments. The spirit of constitutionalism, thereby, is caught in the crossfire.The manner wherein the Executive has selectively delayed clearance of names for judgeships makes a riveting case for a dedicated constitutional thought. Purposeful delays in judicial appointments have precipitated a demonstrable never-seen-before crisis that exemplifies the operation of direct political intervention in the judicial system.