The
Indian higher judiciary is seen as a pillar of justice in the country’s system,
responsible for interpreting laws upholding constitutional values and ensuring
fair access to justice for all. While the idea of meritocracy guides the
selection and progress of judges focusing on skills and knowledge as criteria
for appointment and growth there are underlying complexities that maintain
exclusionary practices and impede diversity in the judiciary. Although
meritocracy is meant to be fair, it often operates within subjective frameworks
especially in the appointment processes of the Indian higher judiciary. Unlike
some democracies where judicial appointments are publicly scrutinized and
overseen by parliament. India’s system largely remains shrouded from view
controlled mainly by a few individuals within the executive and judiciary. This
lack of transparency encourages discretion and favoritism allowing personal
biases to influence decisions and undermining principles.
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