Retired Judge Criticizes Collegium System for Judicial Appointments

A retired judge of the Delhi High Court has expressed strong criticism of the Supreme Court Collegium's system for appointing judges. She believes the current process is not effectively addressing the issues it was meant to solve and may even be worse than the previous method.

Speaking at an event, the judge highlighted concerns that the Collegium system, responsible for recommending judges for the Supreme Court and High Courts, operates on arbitrary decisions. This, she argued, leads to a lack of transparency and fairness in the selection of individuals to the judiciary.

Background

Historically, the government was responsible for appointing judges to the High Courts and the Supreme Court. This system was in place for a long time before the Collegium system was introduced.

The change was brought about because many felt that the government's appointments were influenced by political ideologies, personal favours, and nepotism. The intention behind the Collegium system was to create a more independent and merit-based selection process.

However, the retired judge suggests that the intended remedy has not worked as expected. She stated that the Collegium system, established through Supreme Court judgments, has not eradicated these issues and may have exacerbated them.

What the Court Said

The retired judge was candid in her assessment, stating that the Collegium system has largely failed. She explained that the power to appoint judges was moved from the government to the Supreme Court itself, with the Collegium taking on the selection process.

She argued that this shift has not improved the situation and has instead led to appointments being made based on personal connections and biases. The judge noted that nepotism and favouritism appear to be more pronounced and blatant under the current system.

She pointed to specific instances, such as the recommendation of an advocate for the Madras High Court, who reportedly had political affiliations and had made controversial remarks against religious minorities. The judge questioned whether the Collegium was obligated to proceed with such a recommendation after these issues came to light.

Another instance cited involved the elevation of a relative of a former Chief Justice of India to the Bombay High Court. While it was mentioned that the Chief Justice had recused himself from deliberations, the judge questioned if this was sufficient, suggesting the appointment could have been deferred.

The judge also raised concerns about the Collegium's handling of Justice Akil Kureshi's potential elevation to the Supreme Court. She noted a prolonged deadlock, reportedly due to government opposition, and a subsequent recommendation of several names after a member of the Collegium retired, omitting Justice Kureshi.

Regarding judicial accountability, the judge referred to remarks made by a judge of the Allahabad High Court. She mentioned that the Collegium had addressed the issue, and the judge had reportedly agreed to apologize, but later retracted his commitment.

The Collegium system has all but failed.

The Law Explained Simply

The Collegium system is a method used in India for the appointment and transfer of judges to the higher judiciary, meaning the Supreme Court and the High Courts. This system involves a group of senior judges recommending names for these positions.

Before this system, the executive branch of the government had a more significant role in appointing judges. The Collegium system was developed through various court decisions to ensure greater judicial independence in the appointment process.

The core idea is that judges should be appointed by fellow judges, free from political influence. However, the effectiveness and fairness of this system have been subjects of ongoing debate and criticism.

Impact on Common People

The way judges are appointed directly impacts the common citizen. A judiciary perceived as fair and independent is crucial for upholding the rule of law and ensuring justice for all.

If the appointment process is seen as flawed, influenced by personal connections, or lacking transparency, it can erode public trust in the justice system. This can make people hesitant to approach courts for redressal of their grievances.

Conversely, a robust and transparent appointment system, which selects the most qualified individuals, strengthens the judiciary's ability to deliver impartial justice, benefiting society as a whole.

What To Do in a Similar Situation

• Keep all relevant documents and correspondence related to your case or issue.
• Be aware of the time limits for filing applications or appeals.
• Seek legal advice from a qualified advocate as early as possible.
• Understand the procedures involved in the legal process.
• Be prepared to present your case clearly and concisely.