Opaque nature and nepotism of Indian judicial system has defeated principles of fairness

While “democracy” is now hailed as part of “basic structure” of the Indian Constitution, the Judiciary is the only non-democratic wing of government. Framers of our basic law did not want justice dispensation hostage to populist considerations. Also, they felt that such variance was essential to preserve the “independence” of a judiciary tasked with being the custodian of the Constitution. To ensure a proper constitutional equilibrium, Article 124(1) conferred the power of judicial appointment on the political Executive (ie President) and Article 124(2) vested the power of removal on the legislature (ie Parliament).

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