Active learning ideas
The process of selecting judges is one of the most debated aspects of the Indian legal system. This topic covers the evolution from the executive-led appointments to the current Collegium system, where a group of senior-most judges recommends names for the bench. Students analyze the tension between the judiciary and the executive, particularly focusing on the landmark Three Judges Cases and the striking down of the National Judicial Appointments Commission (NJAC).
Activity 01
Students act as the Chief Justice and senior judges. They are given profiles of hypothetical candidates and must reach a consensus on who to recommend for the High Court, documenting their reasons.
How does the collegium system function in appointing judges?
Activity 02
Post arguments for and against the NJAC on the walls. Students walk around, add their own comments on sticky notes, and then vote on which system they believe ensures better transparency.
What is the constitutional procedure for the impeachment of a judge?
Activity 03
Groups are given the Judges (Inquiry) Act, 1968. They must create a step-by-step infographic showing the process of removing a judge, from the initial motion in Parliament to the President's order.
How are judicial officers trained in India?
A few notes on teaching this unit
Watch Out for These Misconceptions
The President can dismiss a judge at will.
A judge can only be removed by the President after an address by both Houses of Parliament supported by a special majority. Simulating the 'impeachment motion' helps students realize how difficult and protected this process is.
The Collegium system is explicitly mentioned in the Constitution.
The Collegium is a judicial innovation arising from the Supreme Court's interpretation of the word 'consultation' in the Three Judges Cases. Comparing the original text of Article 124 with the current practice surfaces this distinction clearly.
Methods used in this brief
Structure and Hierarchy of Courts in India
Examines the tiered structure of the Indian judiciary, from the Supreme Court down to district and subordinate courts. Highlights the jurisdiction and specific functions of each level.
8 methodologies
Constitution, Roles and Impartiality
Analyzes the constitutional provisions that ensure the independence and impartiality of the judiciary. Discusses the concept of separation of powers in the Indian context.
8 methodologies