Defending the constitutional order

In the changed political environment, India needs a process that maintains the independence and credibility of institutions

We are in the midst of public disputes about the procedure for the appointments to two sets of constitutionally-mandated positions that should be independent of the executive — judges of the Supreme Court and high courts and the election commissioners. The government relies on the letter of the relevant provisions in the Constitution to argue that the right to decide the appointment rests with the executive. Those who hold a different view are more concerned about the spirit of the Constitution. 

Formally, these appointments are made by the President of India who, under the Constitution, has to do so in accordance