India’s system of judicial appointments has run into rough weather. In recent weeks, the collegium system came in for sharp criticism from the executive, led by Union law minister Kiren Rijiju, even as the judiciary, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, defended the process. Tensions simmering over a slew of stalled judicial appointments appear to have boiled over after the court’s criticism of the government’s tactic of sitting on names recommended by the collegium. This newspaper
India’s system of judicial appointments has run into rough weather. In recent weeks, the collegium system came in for sharp criticism from the executive, led by Union law minister Kiren Rijiju, even as the judiciary, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, defended the process. Tensions simmering over a slew of stalled judicial appointments appear to have boiled over after the court’s criticism of the government’s tactic of sitting on names recommended by the collegium. This newspaper reported on Wednesday that the government cleared two names recommended by the collegium and returned 19. The collegium, which comprises the five senior-most judges of the apex court, is likely to meet next week. Expect fireworks.
Some criticism of the collegium system may have merit. While it may ensure judicial independence, there is little transparency in the manner in which decisions are made. Experts have also questioned the relative lack of diversity among judges in the higher judiciary. At the same time, calls for change or reform in the system merit careful deliberation. It can be nobody’s case that stalling judicial appointments is good for the health of the institution, and neither can the independence of the judiciary be compromised in a political system where the government is the largest litigant. A deeper conversation is required rather than a public tussle.
Citizens look at the courts as guardians of the Constitution and rights. If reform is indeed needed, the executive and the judiciary must come together to discuss the merits of the collegium system, form a consensus on whether a workable alternative is feasible, and, if so, work out the way forward.
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