Reply To: Consultation

Checkout Forums Civil Law Discourse Consultation Reply To: Consultation

#122059
advtanmoy
Keymaster

The matter of Judges’ appointment is an Executive Act

In Supreme Court Advocates-on-Record Association , it was opined that the matter of appointment is an Executive Act. It was furthermore held:

“…The object of selecting the best men to constitute the superior judiciary is achieved by requiring consultation with not only the judiciary but also the executive to ensure that every relevant particular about the candidate is known and duly weighed as a result of effective consultation between all the consultees before the appointment is made. It is the role assigned to the judiciary and the executive in the process of appointment of Judges which is the true index for deciding the question of primacy between them, in case of any difference in their opinion. The answer which best subserves this constitutional purpose would be the correct answer.”