The Common Law in India - College of Social Sciences and ...

The Indian Constitution 201established and Union laws like state laws are administeredin the states by the state courts. In orderto ensure the maintenance of standards in the selectionof the judiciary, the Constitution has devised amachinery for its selection and has given the higherjudiciary itself a voice in its own selection. TheUnion executive is the appointing authority for theUnion as well as the higher state judiciary. But itis enjoined that these appointments are to be madeafter consultation with the Chief Justice of India inthe case of appointments to the Supreme Court andafter consultation with the Chief Justice of India aswell as the Chief Justice of the state concerned inthe case of appointments to the High Courts in thestates. 38 The state High Courts have also to be consultedby the state executive in the selection of thesubordinate judiciary in the state. 39 Thus in a sensethe Indian judiciary can be said to be autonomous.It is also irremovable as the judges of the SupremeCourt and the state High Courts can be removedfrom their office only on grounds specified in theConstitution and after an address by each Houseof Parliament supported by the vote of a specifiedmajority. 40Though the power of appointment to the superiorjudiciary rests in the Union Government and thepower of removal in the Union Parliament, the Unionas well as the state judiciary have in the exercise oftheir functions shown independence and impartiality3 « Indian Constitution, Art. 124.3» Ibid., Arts. 233 and 234.«° Ibid., Arts. 124, 217.H.L.—12 14