Separation of Powers is a Myth: In reference to National Judicial Appointment Commission or NJAC

Rajat Garg and Nishkarsh Garg
Amity Law School, Noida, India.

Volume I – Issue I, 2020

This research paper makes an analysis of the principles of separation of powers in the light of judicial independence in India. It covers all the aspects about the appointment of judges, the three judges’ case, the formation of National Judicial Appointment Commission, its subsequent striking down and the revival of the collegium system. The relation between the executive and judiciary has been analyzed in detail. Certain insightful recommendations have been made hereby which shall actually form the correct balance between the executive and judiciary.

Keywords: Separation of Powers, judiciary, NJAC, unconstitutional, CJI, appointments, Constitution, independence, amendment


 Download Full Paper