Varun Vaish & Rishabh Sinha writes about a comparative analysis of the process of Appointment of Judges to the Supreme Court in the United States and India.
The rise of legal realism has made it manifestly clear that the background and worldview of judges influence cases. This is evidenced in the United States where the appointment of judges to the higher judiciary is believed to be, at least in some measure, predicated upon the proximity of the political ideology of the judge with that of the appointing party. This influence is acknowledged, questioned and somewhat mitigated against by the process of appointment wherein the Senate ratifies the president’s choice. However the lack of acknowledgement of this influence and its consequent securitization, in the appointment of judges is where the difference lies between India and the U.S. This article will compare the appointment procedures of judges in the US as well as in India and demonstrate the comparative lack of transparency in India.