Rajeev Dhavan, one of India’s best constitutional minds, blames the Executive for India’s poor system of justice. But the problem is systemic. Under India’s parliamentary system, the Executive has supremacy. Without legislative oversight it rides roughshod over the judiciary. While the judiciary has no accountability to the people.

A better formula is offered by the presidential system. Judicial appointments are made by both elective branches, making them accountable to the people. Judges are nominated by the President but subject to Senate’s approval. Similarly, the legislature has responsibility for establishing lower courts. States have their own judiciary. This makes the whole system decentralized, and as directly accountable to the people as possible.

Link to Daily O

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