Supreme Court Concerns
The Supreme Court questioned the Attorney General on delayed judge appointments, stating Collegium recommendations are binding.
Recent appointments of eight High Court Chief Justices were processed only after the Court's inquiry, highlighting delays in the appointment system.
Importance of Upholding the Independence of the Judiciary in India
Judicial independence is essential for the judiciary to effectively check arbitrary actions of the executive and legislature.
The judiciary must act according to the Constitution, ensuring it protects fundamental rights against state encroachments.
A high degree of independence prevents judges from becoming arrogant or unaccountable, while also ensuring they adhere to rules of conduct and accountability.
The balance between judicial accountability and independence is crucial for maintaining public confidence in the justice system.
Potential Flaws in the Current System
The current system lacks transparency and accountability, with the Collegium operating without clear principles or public input.
Judges often belong to the ruling class, raising concerns about representation and fairness in the judiciary
A transparent framework is needed to define judges' qualifications and character to prevent bias
Way Forward
Shifting to a commission for judge selection could enhance accountability and independence.
The commission should be high-ranking, investigate candidates thoroughly, and operate free from political influence.
Ensuring public input in the selection process is crucial for maintaining trust in the judiciary.
COMMENTS