The Supreme Court of India is currently dealing with a significant issue that could impact the quality and effectiveness of the country’s judiciary system. The contentious matter revolves around the Collegium System, which is integral to judicial appointments. Recent statements from the court suggest substantial concern over what they perceive as government inactivity and subsequent talent drain in judicial roles. In this article, we delve deeper into these concerns, how judges are appointed in India, and potential ways forward.
The Supreme Court’s Concerns Over Judicial Appointments
One of the primary areas of concern for the Supreme Court is the prolonged delays in processing High Court Collegium recommendations. With a backlog of 70 such recommendations pending for over ten months, this sluggish process has led to an alarming talent drain within the Judiciary. Aspiring candidates, who initially showed interest in joining the Bench, have ended up withdrawing their applications due to these delays.
The government’s practice of segregating names from Collegium recommended lists, despite explicit warnings against such action, has also been a pressing worry. This controversial method has resulted in candidates dropping their candidature and created considerable opposition.
Furthermore, a sizable backlog resulting from these delayed processes has left many judicial positions vacant across India. The Memorandum of Procedure, which mandates prompt appointment of names reiterated by the Collegium, is evidently not being adhered to, causing further delays.
India’s Judicial Appointment Process
The appointment of judges in India is a structured process that begins with the President of India appointing the Chief Justice of India (CJI) and other Supreme Court judges. The outgoing CJI traditionally recommends his successor, generally based on seniority.
Supreme Court judges are selected by the President after consultation with the CJI and other relevant Supreme Court and High Court judges. The CJI, along with a panel of four senior-most judges known as the Collegium, recommend candidates to be appointed as Supreme Court judges to the President.
High Court judges and the Chief Justice of High Courts are appointed by the President after consulting with the CJI and the governor of the state in question. The Chief Justice of the High Court consults the two senior-most puisne Judges before recommending a name for appointment to the High Court.
Way Forward
To combat these issues, it’s suggested that the government expedite the processing of pending High Court Collegium recommendations. This measure could significantly reduce the backlog of appointments and promptly fill vacant judicial positions.
Furthermore, the practice of segregating names from Collegium’s recommendations should cease, and there should be adherence to the Collegium’s directions in appointing judges. Establishing a transparent system that tracks and reports on the progress of judicial appointments and transfers could also add more efficiency to the process.
Finally, holding those responsible for undue delays or non-compliance accountable could potentially prevent such issues in the future.
Legal Insights Into the Collegium System
The relationship between the Centre and the Collegium System is a critical factor when examining previous Supreme Court judgements, particularly the ‘National Judicial Appointments Commission Act, 2014’. A critical examination of this judgement, particularly concerning higher judiciary appointments, would serve as a valuable exercise in understanding the dynamics that govern India’s legal landscape.
