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Primacy Of Opinion Of The Chief Justice Of India In Appointment Of Judges To the Supreme Court Of India And High Courts

All constitutional functionaries have their own constitutional duties in making appointment of judges to the superior judiciary, the role of one of the principle constitutional functionaries, namely, the judiciary is uncontrovertibly immeasurable and incalculable. The task assigned to the judiciary is in no way less than those of other functionaries - legislative and Executive.

On the other hand, the responsibility of the judiciary is of a higher degree. As frequently said, judiciary is the watch dog of Democracy, checking it's excessive authority of other constitutional functionaries beyond the ken of the constitution. It can not be disputed the strength and effective Ness of the judicial system and it's independence heavily depends on upon the caliber of men and women who precede over the judiciary and it is not essential to have a healthy independent judiciary for having a healthy a democratic because if the judicial system is crippled, democracy will also be crippled.

No one can deny that the state in the present day has become the major litigants and the superior court s particularly the Supreme Court, have become centers for turbulent controversies, some of which with a flower of political repercussions and the Court have to face tempest and storm because their vitality is a national imperative.

In such circumstances, therefore, can the Government, namely, the major litigants can be justified in enjoying absolute authority in nominating and appointing arbitrators? The answer would be in the negative. If such a process is allowed to continue, the independence of judiciary in the long run will sink without any trace.

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