Talk about the possibility of resolving the judicial independence and appointment issue through the amendment process. What discussions and factors surround this delicate subject?
The 73rd and the 74th amendment acts were being implemented in the democratic nation and the fedaral structure of the nation were introduced in order to have a decentralized government so that the powers of the central government and the state government and to the local bodies even this came into eRead more
The 73rd and the 74th amendment acts were being implemented in the democratic nation and the fedaral structure of the nation were introduced in order to have a decentralized government so that the powers of the central government and the state government and to the local bodies even this came into effect on the 24th April 1993 and the 1st June 1993 respectively .
73rd amendment act :
This is applicable in the rural areas the PANCHAHAYTI RAJ SYSTEM wherein the state government was under the constitutional obligation . This was adopted in the 11th schedule of the Indian constitution . The members of the panchayat are elected directly by the people and the head of the panchayat is known as the sarpanch . Seats are also reserved for the SC and ST and for the chairpersons of the panchayat at all levels of the panchayat along with one- third positions for women folk .
74th AMENDMENT ACT :
This is basically found in the urban areas adopted in the year 19192 constituted of the municipalities i.e. the Nagar panchayat , Municipal Corporation, Municipal Council herein the people are directly elected by he people in the municipal area divided into wards and ward wise the representatives are chosen. Herein as well SC and St seats are reserved and 1/3rd seats are reserved for the women
IMPLEMENTS OF AMENDMENTS :
This decentralization of power has led to the upliftment of the local communities their problems are been addressed right away from the rural to the urban level from villages, blocks, zilla, wards and so and so this also led to the development of the socities of the local community in terms of industrialization, education, health care women’s position . They get the resources to development and many more.
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The amendment process offers a significant but challenging avenue to address issues related to judicial appointments and the independence of the judiciary. Here are some key points and considerations surrounding this topic: Potential for Using the Amendment Process Structural Reforms: ConstitutionalRead more
The amendment process offers a significant but challenging avenue to address issues related to judicial appointments and the independence of the judiciary. Here are some key points and considerations surrounding this topic:
Potential for Using the Amendment Process
Structural Reforms: Constitutional amendments could establish new procedures for appointing judges, such as creating independent commissions to nominate candidates, thus reducing partisan influence.
Term Limits: Amendments could introduce term limits or fixed terms for Supreme Court justices, replacing the current life tenure system to ensure periodic infusion of new perspectives.
Qualifications and Vetting: An amendment could stipulate specific qualifications for judicial nominees and more rigorous vetting processes, ensuring a higher standard of judicial competence and impartiality.
Balanced Representation: Amendments could ensure a more balanced representation of various demographics or legal philosophies, promoting a judiciary that reflects the diversity of the populace.
Debates and Considerations
Partisan Politics: One of the most contentious aspects of amending judicial appointment processes is the influence of partisan politics. Any proposal would likely face significant opposition from political groups that benefit from the current system.
Judicial Independence: Critics argue that frequent changes to judicial appointment procedures or term limits could undermine judicial independence, as judges might feel pressured to rule in ways that favor potential future employers or political allies.
Practicality and Feasibility: Amending the Constitution is a difficult and lengthy process, requiring significant bipartisan support. This is particularly challenging in the current polarized political climate.
Historical Precedents: Proponents and opponents alike cite historical precedents to argue their points. For instance, lifetime appointments are seen as a way to insulate justices from political pressures, but critics argue that the framers of the Constitution did not anticipate the modern political environment and its impact on the judiciary.
Public Opinion: Public support is crucial for any constitutional amendment. There is often a wide range of opinions on how the judiciary should function, making it difficult to reach a consensus on specific reforms.
Impact on Judicial Behavior: There is debate about whether term limits or other changes might affect judicial behavior, such as making judges more prone to issue landmark decisions or avoid controversial cases near the end of their terms.
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