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

Abstract

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. Constitution, independence, amendment I. INTRODUCTION Research Methodology The author of the research paper has resorted to doctrinal method of research as the topic of research relates to analysis of a prevalent law or legal issue. The author made use of several books, Law Commission Reports, case manuals, etc for the purpose of reaching a comprehensive and logical end to the research problem. Research Questions The research paper deals with the following questions: (1) Whether the principles of separation of powers are applicable or relevant in Indian legal system in light of the independence of the judiciary and, (2) To what extent is the executive's role in the matter of judicial appointments permissible in light of principles of separation of powers. Objectives of the Study 1 Authors are student at Amity Law School, Noida, India 2020. International Journal of Integrated Law Review