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judiciary (transfer of judges of HC (issues (both of above seen in -…

- - - - in consultation with
        
        CJI collegium(actually holds power)
        
        governors
        
        CJHC (in case of judge other than CJ)
      - done by president - under art 222(1)
    - - transfer cant be a punitive measure
      - 'public interest' for 'better admin of justice' can be the only reason
- - - - arguments against it
        
        will work well if SC at delhi handles only constitutional matters and tussle b/w govt arms
        
        bombay HC with 4 four benches and raj HC with 2 benches are already working well
- - - - dispute resolution
      - regulating individual behaviour
  - - - costly
      - time consuming
      - lack of documentary evidence esp in land disputes
- - - - Unnecessary haste by judges in passing ex parte order
      - Tribunal passes ex parte order even when police could not serve notice to suspected foreigners to appear before the tribunal
      - Orders - vague, inconsistent and biased
    - - Unnecessary delays at hand of police in serving notice to the accused
      - Unbelievable descriptions given by the police such as suspects failed to produce documents for their citizenship
  - - - Need for reforms-
        A person’s citizenship is a basic human right. Declaring people foreigners in haste without judicially verifying their credentials can leave many human beings stateless
- - - - C has certain "basic features" which cant be altered
    - - shankari prasad case 1951
        
        challenged - 1st CAA curtailing right to property
        
        SC - Pt can amend FRs
      - golaknath case 1967
        
        SC - FRs cant be abridged
      - keshwanand bharti case 1973
        
        Pt can abridge FRs
        
        basic structure doctrine
        
        hence, Pt cant abridge FRs forming part of basic structure
    - - no textual basis - no provision in C for "basic structure" which cant be amended
      - no definition of "basic structure" - subjectivity - gives power of amendment of C in hands of judges - against democratic values
      - societal morality evolves over time - BSD can come in its way