 Article 93 of the Constitution vests judicial power in the judiciary . Rather than being elected , the Chief Justice , Judges of Appeal , and the judges of the Supreme Court are appointed by the President if he , acting in his discretion , concurs with the advice of the Prime Minister . In the Subordinate Courts , district judges and magistrates are appointed by the President on the recommendation of the Chief Justice . The idea of the rule of the majority means that people should only be governed by laws passed by their elected representatives . Thus , unelected judges influencing the laws that govern people through the making of decisions seems incompatible with the idea of representative democracy . It has also been said that a judicial " last word " would put the judiciary at odds with Parliament , as the judiciary is not directly accountable to the people . However , even though the appointment of judges is counter @-@ majoritarian in nature , this does not mean that the concept of representative democracy is undermined , as it appears that a counter @-@ majoritarian judiciary more effectively upholds the Constitution and the concept of representative democracy . 
