Silver Lining Between Judicial Independence and Judicial Accountability in Judicial Appointments

Abstract

The silver lining between judicial independence and judicial accountability in judicial appointments is the creation of an independent and transparent process that balances the need for judicial independence with the need for judicial accountability. Such a process would ensure that judges are appointed based on their qualifications and merit, while also providing ongoing evaluation and review of their performance to maintain public confidence in the legal system. This paper neither criticizes NJAC nor supports the current collegium system; rather it attempts to bring out a neutral judicial commission. In that reference, judicial commissions across the world have been examined. Being a developing country, India can learn from the pitfalls in judicial commissions of developed countries.