Justice Dhoni is a prominent judge and the Chief Justice of the Bombay High court. He is due for retirement in a few months time after a glorious service of 32 years.His subordinate judge Kohli is not liked by the present government, but the next junior judge Bumrah is tremendously popular and is often seen at high profile political gatherings.Can the government supersede Judge Kohli and appoint Judge Bumrah as the Chief Justice of Bombay High Court?
Justify your answer. What important fact about the Indian Judiciary can we infer from this example? support and discuss your point of view.
Please ANSWER !!!!!!!!!!!
Dear Student,
Here is the answer:
No, the government cannot choose a judge based only on popularity rather experience and seniority has to be taken into consideration.
Regards,
Here is the answer:
No, the government cannot choose a judge based only on popularity rather experience and seniority has to be taken into consideration.
- The constitution of India protects the judicial process by providing for the independence of judiciary.
- The separation of powers tells that the legislative and the executive branch of the government cannot interfere with the judiciary.
- The courts are neither under the government nor do they act on their behalf.
- The legislative and the executive have very little control over the appointment of the judges of the Supreme court and the High court. Once appointed it is very difficult to remove a judge.
- This power allows the court to ensure that the legislature and the executive do not misuse their powers.
- Every judge of a High Court is appointed by the President after consultation with the Chief Justice of India and the Governor of the State.
Regards,