The scope and extent of judicial review in the appointment of judges to the High Courts in India comes under Article 217 of the Constitution. The Supreme Court has previously held that the appointment of a judge is an executive function of the President and that the consultative process outlined in Article 217 is designed to evaluate the fitness of the person being appointed, including their character, integrity, competence, and knowledge. The court has also noted that the eligibility for appointment, determined by applying the qualifications specified in Article 217(2), is within the scope of judicial review, but the question of suitability is excluded from it.
By aor.sanjivnarang@gmail.com
Sanjiv Narang Adv. is an Advocate on Record (AOR) in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.