3.11. Judiciary

There is no qualification mentioned for the appointment of judges of the Supreme Court. In America, the President has the final say in the appointment of Supreme Court Judges. He suggests the names of judges to the Senate and on the advice and consent of the Senate, judges are appointed by the President. The Judicial Committee of Senate plays a very significant role in evaluating the credentials of the proposed judges of the Supreme Court. They make the investigation of the background of judges, they hold a face-to-face interaction with the judges, the judges are queered and grilled and questions are put. The whole process happens in public and in a transparent manner. If a citizen of the US has any information about judges’ integrity,

he can send that information, with evidence, to the Senate Judicial Committee, which further investigates to ensure that no unworthy candidate is appointed as a Judge to the Supreme Court. In the appointment of Judges the people of US also participate and the judiciary of US has no role to play in the appointment of judges. The entire process of appointment of judges is crystal clear.

There is no fixed tenure of the judges. However, if they are retiring at the age of 70 years, they will get salary and perks as a working judge.

India, on the other hand, has the collegium system of appointment and transfer of judges of the higher judiciary. While, the collegium system has been criticized on the grounds that it is non- transparent, the National Judicial Appointments Commission (NJAC) Act passed by the Parliament to change the collegium system was struck down by the judiciary as unconstitutional.