Collegium System:
The Collegium system has its origin in Third Judge case wherein Supreme Court prescribed the selection procedure of Supreme Court and High Court Judges. As per the Collegium system, it is required that the Chief Justice of India shall consult the four senior most judges of the Supreme Court while appointing Supreme Court judges and two senior-most judges in case of appointment of high court judges. Certain changes had been made and further rewrote the constitutional provisions regarding Article 124 and Article 217. Article 124 and Article 217 of the Indian Constitution has provided the plural functionalities only within the judiciary. i.e. executive and judiciary. Here the appointment process is remain with the judiciary but executive has right to announce the order.
Pros and Cons of Collegium System:
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Chief Justice of India’s role is primal as his decision regarding transfer or appointment of judges is final and President Play very minor role in it. His consent is nominal when it comes to appointment and transfer of Supreme Court or High Court Judges. On the other hand, Chief Justice of India could be bias as he can appoint the persons who are favorable for him and disqualify the persons who meet with the qualification criteria but who are not so favorable to CJI. Here, in this system judges are appointing judges and by doing this they are enjoying freedom from non-interference organs. I.e. Executive and Legislative bodies. This collegium system is following tradition appointment of judges’ practice. Generally Supreme Court and High Court judges are appointed by the way of seniority basis. However, this method refrain junior advocates and junior judges to meet with the criteria even though having strong knowledge and who would be beneficial in judiciary for
Law Clerks and the Supreme Court In his book, Storm Center, David O’Brien explains how the role of Supreme Court Law Clerks has evolved dramatically over time. The first clerk was not hired until 1882, meanwhile, it was not a paid position until 1886. In contrast, today law clerks are so essential to the Court’s structure that they are sometimes referred to as “junior justices.”
An economic crisis demanded national solutions, and the Government in Washington grew fast to meet these new demands. Fundamental changes in the political landscape affecting Supreme Court appointments. There has been ten critical developments in American politics, which was the growth and bureaucratization of the Justice Department and of the White House. Also paralleling the increased role for national political institutions in American life has been growth in size and influence of federal courts, diving party government, the confirmation process had become increasingly public, the rise in power of the organized bar, increased participation by interest groups, increased media attention, advances in legal research technology and finally, the more visible role the Supreme Court has assumed in American political life has increased the perceived stakes of the nomination process for everyone that was involved.
The Electoral College is the intuition that formally elects the president. Each state has a certain amount of electors assigned to it, that number is based on how many representative that states as in congress. It is made up of 538 members which is the sum of the 435representative, 100 senators, and 3 electors given to the District of Columbia. In order to win the election a presidential candidate needs to receive a majority of the votes (270). The topic of whether the Electoral College is still a necessary part of today’s election process is highly controversial.
I believe that the federal justice system is just and unbiased. The federal justice system has guidelines and rules to keep them from using power improperly and targeting groups of people based on their race. This is talked about in article “Is the Criminal Justice System Racist”. There are statistics given pertaining to the prison sentences given to African Americans, prosecution during a felony trial, and crime/prison rates.
Federal Judges and Supreme Court Justices The process for electing a federal judge is both a simple, yet complicated one. A number of things take place between the need for a nominee and the appointment to a position. The basis for the nomination and appointment of federal judges and Supreme Court Justices is the Appointments Clause (Article II, Section 2, Clause 2) of the United States Constitution: “The President...shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law....” First a vacancy must be present at which time the President can make a nomination.
and have practiced law as a lawyer, judge, or some combination there for at least four years. Responsibilities include, original jurisdiction in civil actions over $200 or $500, divorce, title to land, contested elections, and contested probate matters. Original jurisdiction in felony criminal matters. The sensitive matter juvenile and 13 district courts are named criminal district court, some others directed to give preference to certain specialized areas. Although the cases in the District Court are more sensitive and lengthier I still believe this court should be elected.
Woodrow Wilson, the 28th president of the United States, once said, “The Constitution was not made to fit us like a straight jacket. In its elasticity lies its chief greatness.” In 1787 the delegates from twelve out of thirteen sates attended the Constitutional Convention. They threw away the Articles of Confederation and wrote Constitution of the United States. Many residences were hesitant to the sudden change, but as time went along people came around to the fact that the Constitution was useful.
The Court’s effectiveness relies on the institutional capacities as well as the ruling’s popularity. When lower-court judges comply with Supreme Court decisions, rulings can have a substantial effect on social policies, as in the case
Through the Judiciary Act, Congress provided for a Chief Justice and five Associate Justices. The Constitution and Congress left the extent of the Court's power not clear. The powers would slowly be defined through the Court's explanation of the
1.) The legislative branch basically conceives the law while the executive I believe, is the main enforcer after the president signs whatever reform/bill into law. So, I guess I 'll go with the Executive Branch since it is home to the Department of State because its our foreign ministry. 2.) Yes and No.
In addition to judicial selection methods, at the federal level, the president and senate get to appoint seats to judges, in which they will have for life. In my opinion, I think this selection method is good to some extent because I trust that the president and senate have good judgment when it comes to picking judges that will be independent, fair, and accountable. At the state level, electing judges varies from state to state. In
Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.
Furthermore, the commissioner of Federal Judicial Affairs administers the advisory committees and they represent each province and territory, which examines the qualifications of the lawyers who apply for federal judicial positions. The law states that a candidate for a federal judiciary must have been a lawyer for a minimum of ten years and must be qualified and eligible to practice law in the respective jurisdiction the person has applied for. Judges to the provincial and territorial courts are appointed by the provincial and territorial governments respectively. The eligibility criteria for selection of judges to the judiciary panel are similar for the both provincial and territorial governments. All federally appointed judges are appointed by the Governor in Council.
The highest position in the judiciary of Malaysia is the Chief Justice of the Federal Court of Malaysia (also known as the Chief Justice of Malaysia), followed by the President of the Court of Appeal, the Chief Judge of Malaya, and the Chief Judge of Sabah and Sarawak. Our courts structure is divided into superior courts and subordinate courts. The High Court, Court of Appeal and the Federal Court are superior courts, while the Magistrates Court, the Court for Children and the Sessions Court are subordinate courts. A