RE-EVALUATING THE MECHANICS OF JUDICIAL APPOINTMENTS AND REMOVAL IN INDIA: A CRITICAL ANALYSIS OF CONSTITUTIONAL INTENT, JUDICIAL INTERPRETATIONS, AND INSTITUTIONAL REFORMS

The doctrine of the independence of the judiciary forms a foundational pillar of the Indian constitutional framework. However, the process governing the selection, elevation, and removal of judges in the judiciary has historically been a site of intense friction among the Executive, the Legislature, and the Judiciary. This paper critically examines the trajectory of judicial appointments in India, tracing the shift from executive dominated consultation to the creation of the judge led Collegium system. It analyses key judicial precedents including the First, Second, and Third Judges Cases and assesses the constitutional validity and ultimate invalidation of the National Judicial Appointments Commission (NJAC) via the 99th Constitutional Amendment. Furthermore, the paper evaluates the operational mechanics of the Memorandum of Procedure and explores institutional accountability mechanisms, detailing judicial removal processes and legislative developments such as the Judicial Standards and Accountability Bill. Finally, it offers normative recommendations to achieve a balance between judicial independence and public accountability.