The Fight for Control: The Government vs. Judiciary Controversy in the Collegium System"

 "The Fight for Control: The Government vs. Judiciary Controversy in the Collegium System"



INTRODUCTION

The nomination of judges to higher courts is a critical component of a democratic system for preserving the independence and impartiality of the judiciary. The collegium system has been a continuous discussion and controversial topic in India. The collegium system refers to appointing and transferring justices to the Supreme Court and High Courts, in which a panel of senior judges makes recommendations. The collegium system has recently been under investigation, raising questions about transparency, accountability, and the need for revisions.


COLLEGIUM SYSTEM

  1. It is a system in which the Chief Justice of India and the four senior-most Supreme Court justices decide on judicial appointments and transfers. It has no place under the Indian Constitution. The collegium system was developed mainly through the interpretation of two cases “second judges case” and “third judges case”.

  2. Article 124 governs the appointment of Supreme Court justices. It states that the President should make the nomination following consultation with such High Court and Supreme Court justices as the President deems necessary. Except for his or her appointment, the CJI must be consulted.

  3. Article 217 governs the appointment of High Court justices. It states that the President should nominate a judge after consulting with the CJI and the state governor. The Chief Justice of the concerned high court should also be consulted. 


NJAC ACT 

  1. In 2014, Parliament passed the National Judicial Appointments Commission Act. (NJAC). The aforementioned law was enacted in an effort to promote receptivity in the selection process for higher judicial appointments.

  2. According to the Act, two of the Supreme Court's most senior judges, the Minister for Law and Justice, and two other individuals would establish a collegium alongside the CJI to form a commission for the appointment and transition of judges in the higher courts.  

  3. As a result, the Commission is made up of representatives of the judiciary, the executive branch, and renowned or noteworthy persons from society.

  4. The Constitution (99th Amendment) Act amended Articles 124 and 217 and added Articles 124A, 124B, and 124C.

  5. However, the NJAC Act was contested in the Supreme Court and was invalidated in 2015. The Court determined that the judiciary's supremacy in appointing judges is contained in the fundamental structure. The NJAC breached the independence of the judiciary by appointing judges.


ISSUES RELATED TO THE COLLEGIUM SYSTEM

  1. The collegium system has faced a lot of critique in the past year which led to controversy between the Government and the Judiciary.

  2. A significant cause of worry is the executive branch's entire isolation from the judicial nomination process. Because of the executive's lack of engagement, we now have a system in which a few judges make nominations in secret, with no responsibility to an administrative authority. This increases the possibility of making poor decisions and overlooking excellent individuals.

  3. The possibility of favoritism and nepotism is another concern with the collegium system. The absence of precise criteria for evaluating applicants for the Office of Chief Justice of India (CJI) opens the door to subjective decision-making and the risk of personal bias affecting selections, this lack of openness and justice affects the judiciary's legitimacy as well as the rule of law.

  4. In addition, the collegium structure violates the notion of checks and balances. In India, the three branches of government—executive, legislative, and judiciary—work separately but are meant to balance each other out. However, the collegium system reduces checks on decisions by courts and raises worries about possible abuse of authority.

  5. Furthermore, the collegium system lacks transparency and operates without a formal secretariat. The collegium's meetings and conclusions are not public, and there are no formal minutes of the proceedings. This behind-closed-doors procedure calls into doubt the system's impartiality and accountability.

  6. Finally, the structure of the higher court in terms of representation is an issue. Women are disproportionately underrepresented in the upper court, raising concerns about gender equality and heterogeneity within the legal system.


CURRENT CONTROVERSY AND NEXT STEPS

  1. The latest controversy over the collegium system originated as a result of disagreements between the Indian judiciary and the executive branch. The executive expressed worries about the system's opacity and the necessity for more extensive engagement throughout the appointment process. The judiciary, on the other hand, fought for the maintenance of its independence and autonomy in judicial selections.

  2. To address these issues, efforts for fundamental modifications to the collegium system are under underway. The discussion is on striking a balance between judicial independence and accountability, guaranteeing openness, and encouraging diversity in the judiciary. Various parties, including legal professionals, academics, and politicians, are collaborating to create a more rigorous and efficient judge appointment procedure.


CONCLUSION

The present conflict in India over the collegium system emphasizes the need for significant reforms in the judicial selection process. It emphasizes the necessity of embracing openness, accountability, and diversity to strengthen the judiciary's reputation and create public confidence. As the talks and deliberations continue, it is critical to establish a middle ground that supports judicial independence while guaranteeing a fair, transparent, and merit-based selection process. The ultimate goal should be the formation of a system that respects the highest principles of justice and instills public trust in the court. It is critical that the judiciary and the administration work together in a spirit of collaboration and mutual respect to find a solution that preserves the values of openness, accountability, and judicial independence while fostering public faith in the judiciary.

Comments

Post a Comment

Popular posts from this blog

Hydrogen Cars

Image
 HYDROGEN CARS: THE GENZ’S VARIATION      Is there a future in hydrogen cars? This has been the main contention among the new age individuals as a recent announcement has been made by the Minister of Road Transport and Highways of India, Mr. Nitin Gadkari has stated that India would be moving towards use of hydrogen engine vehicles by 2030 which also means that the use of petroleum for running vehicles would also be limited and reduced. The need of the electric vehicles as a substitute against the already running petroleum vehicles but due to the high cost and price of the electric vehicles which led to electric vehicles becoming unaffordable for the middle class population of India which was not serving the purpose for which electric vehicles were introduced. DRAWBACKS OF OTHER VARIANTS OF VEHICLES:  The other variants of vehicles have been in existence in the market for a long time such as petroleum and CNG variants, however due to their high prices and harmfu...
Read more

Marital Rape in india

Image
MARITAL RAPE IN INDIA: AN EXCEPTION Marital Rape in India has been one of the main contentous and debatable topics clogging around the legal system in India attracting eyes and opinions of various legal judicials. Marital rape gained influence as soon as it attracted the golden articles of the Constitution and questioned the institution of marriage as it is considered to be a sacred and a religious act in India and proposing charges on account of sexual obligations in marriage would definitely breach trust of both parties to marriage and would also lead to improper use by the parties thereby influencing justice and violating principles of law. PROVISIONS OF LAW REGARDING MARITAL RAPE: Section 375 of the Indian Penal Code, 1860 details the provision for marital rape in India which provides detailed charges of rape, however exception (2) of the said section provides that though all acts of sexual intercourse though are charged as rape, one such act by the husband with his wife in consumm...
Read more

CRUELTY AGAINST MEN

Image
CRUELTY AGAINST MEN( MENTAL HARASSMENT) GROUND FOR DIVORCE   Hindu Marriage Act, 1955 has been dealing with cruelty as a ground of divorce regardless of any religious denomination and is available to all sections of society against whom such cruelty has been initiated.  Section 13 of the Hindu Marriage Act provides for cruelty as grounds for divorce which is defined as unjustifiable conduct that may cause danger to life, limb, or health of a person which may be understood as physical cruelty.  Another form of cruelty which section 13 provides for is the mental harassment of a person with the intention of causing distress, discontentment and depression to the suffering party   Cruelty is mostly used as a ground of divorce by women in order to act as a judicial ground for divorce with the balance of the weight turning in favor of the female petitioner in case of divorce.  However, various High courts and even the Hon’ble Supreme Court in various judgements an...
Read more