Mentor’s comment-
- https://www.thehindu.com/
opinion/lead/a-wish-list-for- reform-in-indias-higher- judiciary/article65549982.ece - In the intro, mention that Article 124 mentions no special provision for the appointment of the Chief Justice of India.
- In the body mention the Second Judges case (1993) and the subsequent Memorandum of Procedure that forms the basis for the appointment of the Chief Justice of India and the lack of constitutional basis for such appointment. Also mention that the appointment of the judges of the Supreme Court comes under the power of the President. In the way forward mention appointing the Chief Justice of the High Courts as CJI.
- Conclude by mentioning the need for changes in order to align it more with the constitutional provisions.
order id 567108
Deepti
Decent attempt.
Introduction is fine. Mention of 2nd judges case is good.
Issues mentioned are fine too, this process usurps the power of the president can also be mentioned.
Also a proper way forward could be written before concluding where you can mention giving the CJI a proper 3 year term rather than left over term, role of CJI as primus inter pares and not primus super pares and scope of appointment of reputed chief justices of HCs as CJI.
Conclusion is fine.
Keep practicing. 🙂
Order no #579211
Payal
Decent attempt. However, you can give subheadings for different parts of the answer you address.
Introduction is fine.
Mention of 2nd judges case is good, however, 3rd paragraph of your answer can be made concise. No need to give such elaborate explanation of historical issue, you can just use them as examples.
The main focus of the answer should be issues with appointing on seniority basis and way forward.
Issues mentioned by you are fine, you can add that this usurps the power of the president, point no. 3 about executive having more power can be avoided because that is not the case right now. Also, the process doesn’t allow for meritorious and capable judges to be appointed as CJI in many cases which might affect their performance while in office. Also, this process lures efficient judges of HC to SC bench which might effect the performance of HCs.
Last paragraph is good, you can mention it as a way forward.. Further you can mention giving the CJI a proper 3 year term rather than left over term, role of CJI as primus inter pares and not primus super pares.
After that, you can conclude.
As this is a 15 marker, the answer should be a bit elaborate. Ideal would be 2.5-3 pages.
Keep practicing. 🙂