In many democracies, judges are appointed by the executive, but in India, judges appoint other judges through the collegium system. Both systems have flaws. Allowing the executive to appoint judges can lead to pressure on judges to please the government. The collegium system, however, lacks transparency.
Posts tagged as “judicial reform”
Indian courts are constantly under pressure to impose capital punishment for sexual offenses, despite little to no proof that capital punishment directly deters crime in our society. But a more effective solution to sexual violence has already been found in the rest of the world: rehabilitation.
Editor-in-Chief Mohamed Zeeshan spoke with Jayna Kothari, a senior advocate in the Supreme Court of India, regarding the contrasting attitudes of the Supreme Court and the High Courts towards internet bans, equitable access to legal aid, and much more.
Judgments of the Supreme Court have pointed out that there is an arbitrary application of the death penalty. This is a gross violation of human rights and is also counterproductive. Harsh punishments will not serve as a deterrent, if the punishment itself is applied arbitrarily.
Editor-in-Chief Mohamed Zeeshan spoke with Honourable Justice V Gopala Gowda, a retired Judge of the Supreme Court of India, regarding lawmaking under single-party majorities, the independence of the judiciary, judicial reform, and other key issues concerning the judiciary.