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judiciary and separation of powers, subordinate judiciary (issues faced…
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subordinate judiciary
issues faced
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recruitment-tardiness in calling for applications, holding exams. the recruitment cycle in most state exceeds the limit by SC
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many lower courts do not have data under data filed column- important for understanding and rectifying delays
way ahead
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infra- enhanced budgeting, planning and implementation
recruitment of staff. investigating staff for preliminary investigation like evidence collection and examination of witnesses
ICT- case filing and records have been digitised. supplement with file tracking and knowledge management systems
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intro
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conducting trials, settling civil disputes
judicial accountability
issues
inadequate legislative mechanism for tackling corruption- ipc SEC77 and judges(protection) act,1985
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impeachment- long drawn, political overtones
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judicial appointment
supreme court
ARTICLE 124- prez to make the appointment after consulting with CJI and other judges as he deems necessary
1st judges-greater say to executive. 2nd - CJI +2 .greater say to collegium. executive can object on any grounds.
1977, in Union of India v. Sankalchand Sheth- consultation is not concurrence. prez can depart form CJI only with "cogent and convincing reasons"
issues with collegium
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undemocratic- opaque, no checks and balances
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230th LCR- nepotism, personal patronage and corruption prevalent in the functioning
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way ahead
2nd ARC- appointments body- CJI, vice prez, PM, law min, leader of oppn. form both houses, speaker of lok sabha.
internationally- US- prez appoints and senate confirms. UK- 5 person selection commission. canada- 5 MPs from ruling and opposition send recos. to PM
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