The political class may be dissatisfied with the collegiate system, but it should not be used as a reason to delay compliance with national laws
Post Date – 12:30 AM, Wednesday – 11/30/22
The political class may be dissatisfied with the collegiate system, but it should not be used as a reason to delay compliance with national laws
While the judiciary’s collegiate system may not be perfect, it should not be used by the administration to delay weeding out candidates recommended by the judiciary. The executive and political classes may have strong views on this ancient convention, and there is reason to believe there is a need for demystification and reform of the academy system to make it more transparent and unbiased, but it is worrying that divisions are now divided on this issue , the NDA government clashed with the judiciary. The latest Supreme Court opinion on judge appointments reflects growing frustration with the central government’s approach. The Supreme Court expressed dissatisfaction with the central government’s delay in approving candidates for higher judiciary judges recommended by the collegial panel, saying it “actually hinders” the method of appointment. Over the past few months, the federal government appears to have been at loggerheads with the judiciary over the issue. While Chief Justice of India DY Chandrachud and former CJI UU Lalit defended the full panel, Law Minister Kiren Rijiju made some relentless remarks that infuriated the judges. In the process, delays in the appointment of judges have adversely affected the administration of justice. Despite the government’s apparent “resistance”, a two-member SC seat said they were being “patient”. The union minister made matters worse by daring the Supreme Court to go ahead and appoint judges “at its own discretion”.
The center appeared unhappy that the National Judicial Appointments Commission (NJAC) bill, which was supposed to replace the collegial system, did not have a constitutional mandate. However, it should not be used as a reason to delay compliance with local laws. With all court cases pending, the SC has been critical of the government for blocking appointments approved by its collegiate panel. On the other hand, the center not only keeps citing the requirement of due diligence, but also keeps questioning the academy appointment system itself, saying it is opaque and unconstitutional. The SC overturned the NJAC Act and the Constitution (99th Amendment) Act 2014 in its 2015 ruling, which led to the revival of the collegial system. The committee, comprising the chief justice of India and the four highest-ranking judges, decides on the appointment of judges to the high and supreme courts. The academy system is widely viewed as an oligarchy rather than an equitable entity. For the justice to operate transparently, it needs to change. Greater transparency in the system will ensure that the best candidates apply for judicial positions.
