NEWS HIGHLIGHTS
Theme : Structure, organization and functioning of judiciary, role of CJI etc
Paper: GS - 2
The appointment of new Chief Justice of India (CJI) has triggered a reorientation of the Union government’s strategy towards the Supreme Court.
Context : The appointment of new Chief Justice of India (CJI) has triggered a reorientation of the Union government’s strategy towards the Supreme Court.
Collegium System :
- It is the system of appointment and transfer of judges that has evolved through judgments of the SC.
- The SC collegium: It is headed by the CJI and comprises four other senior most judges of the court.
- HC Collegium: It is led by its Chief Justice and two other senior most judges of that court.
- Ordinarily case:one of the four senior-most puisne Judges of the Supreme Court would succeed the Chief Justice of India
- Situational: If the situation is such that the successor Chief Justice is not one of the four senior-most puisne Judges, he must invariably be made part of the collegium.
Issues with Collegium System :
- Extra-constitutional or non-constitutional body: brought in force by judgments of the Supreme Court.
- Non-Judge: There is no seat in the collegium for any non judge neither from the executive, the Bar etc.
- Opaqueness: lack of transparency.
- Nepotism: Scope for nepotism.
- Overlooks talent: Overlooks several talented junior judges and advocates.
NJAC :
- It comprised three judges, the Law Minister and two eminent persons for appointing judges.
- It was stuck down by SC in 2015.
Road Ahead :
- The tendency of recent CJIs to not agitate the government over these omissions, despite the damaging effects on the institution, aided the continuation of a delicate calmness in the court-government relationship.
- Democratic backsliding: The process of appointments to the higher judiciary remains a highly contested field.
- Frontal attacks on the process serve as indicators of democratic backsliding.
- Example: Poland and Hungary executive attack on courts.
- The reinterpretation of the appointment provisions in the Constitution: It fails to fulfill basic demands of transparency and accountability and remains prone to charges of nepotism.
- Social diversity: There is also a serious lack of social diversity in the appointments.
- Collegium reforms: The antidote to this problem would be to voluntarily take up reforms to the collegium system and creation of a new MoP by incorporating the legitimate concerns of the government and stakeholders at large.
FAQs :
-
What is NJAC ?
ANS.
- It comprised three judges, the Law Minister and two eminent persons for appointing judges.
- It was stuck down by SC in 2015.
-
What is the Collegium System ?
ANS.
- It is the system of appointment and transfer of judges that has evolved through judgments of the SC.
- The SC collegium: It is headed by the CJI and comprises four other senior most judges of the court.
- HC Collegium: It is led by its Chief Justice and two other senior most judges of that court.