Today I am highlighting one of the topic whose exaggeration view should be
known to every citizen of India the topic I'm covering is collegium system of
India
In India we follow the collegium system for transferring and replacing the
judges of Supreme Court and High Court we all are aware about this system if
some are not then let me tell you 'it is a system of appointing and transferring
of judges of High Court and apex court' it is basically we can call 'JUDGES
SELECTING JUGDES' system .
Names recommended by a High Court collegium reaches the government only after
approval by the CGI and the apex court collegium .There is no mention of the
collegium either in the original constitution of India or in Successive
amendments .
The recommendation of collegium system are binding ,collegium considers the name
or suggestions made by the central government and resends the file to the
government for final approval, if collegium resends the same name again then the
government has to give its assent to the names , but the time limit is not fixed
to reply and this is the reason that appointment of judges take long time .It
has been evolved by the judiciary itself for retaining the power to select
judges by itself
As we are living in a democratic country and this system is clearly undemocratic
since judges are not elected by the people and are not accountable to the people
or to anyone else ,there is no transparency in this system , no official
procedure for selection , lack of written manual for functioning
Promotes nepotism- usually sons and nephews for previous judges or senior
lawyers tend to be a popular choices For judicial roles
After striking down the NJAC ( NATIONAL JUDICIAL APPOINTMENT COMMISSION) came by
99th constitutional amendment, the court did nothing to amend the NGC act
instead the court reverted to the old collegium based appointment mechanism
The mechanism as NJAC should be brought back as this could increase the
government role in the appointment of judges with the increase of transparency
by proper criteria of appointing the judges As written manual should be released
by the Supreme Court which should would be followed during appointments
- Records of all the collegial meetings should be in the public domain in
order to ensure transparency and rule based process
Quality of judges can also be improved to the implementation of AIJS (ALL
INDIA JUDICIAL SYSTEM) .TO get the best if Supreme Court lawyers are found
efficient they should be considered for vacancies in every High Court on a
regular basis
By all this I just want to conclude that if we live in a democratic society we
all have freedom to choose our leader then there should be a proper way to
choose the judges at least for those who are knowledgeable ,capable by all the
laws of court in appointing the judges plus the experienced one with neutral
opinion and proper transparency to the public
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