Description
The first major judgement concerning judicial appointments, known as the First Judges case is pronounced. The judgement says that the executive has an upper hand in making appointments. This question is reopened a few years later, in what becomes known as the Second Judges case. A new system is born, in which judges appoint judges. They have the upper hand in making appointments. It is called the “collegium” system and only requires a formal nod from the government. This system has its own flaws. Several governments try to reform this system in the years to come.
Reference
A list of archival resources used to research this episode can be found here.
News clip of Indira Gandhi’s campaign trail- https://www.youtube.com/watch?v=0xq6cBB6wu8
Justice V Ramaswamy Impeachment case- https://www.youtube.com/watch?v=LyzAV6AD9w0
Justice Bhagwati on Judicial corruption and appointment of judges- https://www.youtube.com/watch?v=xFOPVABSjnk
Republic day parade 26th January 2000- https://www.youtube.com/watch?v=6p75IT4_8xg
Saviour of Karunanidhi- https://www.telegraphindia.com/india/saviour-of-karunanidhi/cid/162710
News clip of Shri Arun Jaitley in Rajya Sabha- https://www.youtube.com/watch?v=LTzmM6iOtRc
News clips of Katju’s allegation- https://www.youtube.com/watch?v=LLKI_0phBw8) and https://www.youtube.com/watch?v=_qqmweSMWbQ
Transcript: https://www.anildivanfoundation.org/episode7
Credits
Host: Raghu Karnad
Guests: Abhinav Chandrachud, Alok Prasanna Kumar, Dushyant Dave, Kailash Vasdev, Kamini Jaiswal, Kapil Sibal, Krishan Mahajan, Prashant Kumar, Santosh Paul
Research Manager: Ramya Boddupalli
Legal Researcher: Vipinn Mittaal
Scriptwriter: Ramya Boddupalli
Script editor: Bhavya Dore
Fact checker: Vipinn Mittaal
Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan
Head of Production: Shaun Fanthome
Creative Director: Mae Mariyam Thomas
Production Assistant: Sakshi Nair
Sound Design & Mix: Kartik Kulkarni
Sound Editor & Music Supervisor: Lakshman Parsuram
Graphic Designer: Sephin Alexander
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Published 12/25/22
The Narendra Modi-led NDA comes to power in 2014 and immediately sets its sights on judicial reforms. A new NJAC act is passed in Parliament. A constitutional amendment paving the way for the Act is also passed. Troubled lawyers move the courts opposing the new laws, objecting to the role of the...
Published 12/18/22