Executive and the judiciary on the appointment of judges

(MainsGS2:Separation of powers between various organs dispute redressal mechanisms and institutions.)

Context:

• Recently, the President of India, Draupadi Murmu, and the Vice-President of India, Jagdeep Dhankhar, have weighed in on the surpassing significance of the separation of powers in the Indian Constitution.

Map for good governance:

• President Draupadi Murmu said, “The Constitution outlines a map for good governance and the most crucial feature in this is the doctrine of separation of functions and powers of the three Organs of the State.
• It has been the hallmark of our Republic that the three organs have respected the boundaries set in place by the Constitution.
• It is understandable that in the zeal to serve the best interests of the citizens, one or the other may be tempted to overstep.
• Yet, we can say with satisfaction and pride that the three have always attempted to keep the boundaries in mind while doing their best to function in the service of the people.

Fulfilling doctrine of Separation:

• Mr. Dhankhar said Democracy blossoms when it’s three facets scrupulously adhere to their respective domains.
• The sublimity of the Doctrine of Separation of Powers, is realised when Legislature, Judiciary and Executive optimally function in tandem and togetherness, meticulously ensuring scrupulous adherence to respective jurisdictional domain.
• Any incursion by one, howsoever subtle, in the domain of [the] other has the potential to upset the governance apple cart.

Grim reality of frequent incursions:

• Vice-President said, “We are indeed faced with this grim reality of frequent incursions.”
• In the context of the “grim reality of frequent incursions”, Mr. Dhankhar basically focused on the Supreme Court’s decision to strike down the 99th Constitutional Amendment setting up the National Judicial Appointment Commission (NJAC).
• He said, “This historic parliamentary mandate was undone by the Supreme Court on October 16, 2015 by a majority of 4:1 finding the same as not being in consonance with the judicially evolved doctrine of ‘Basic Structure’ of the Constitution.”
• Stating this to be an unparalleled development in “democratic history”, he added, “We need to bear in mind that in democratic governance, ‘Basic’ of any ‘Basic Structure’ is the prevalence of the primacy of the mandate of the people reflected in the Parliament.

Conclusion:

• History tells us that in the early years of modern India, decisions on judicial appointments were usually made on the advice of the CJI.
• Even if concurrence was not contemplated, for our founding fathers, an independent judiciary was non-negotiable.