The Collegium and changes — it may still be early day

/ Editorials, English /

The Collegium and changes — it may still be early day

(Source – The Hindu, International Edition – Page No. – 6)

Topic: GS2 – Indian Polity

Context

Key Points on Reforming the Collegium System

  1. Current Challenges:
    • The collegium system for judicial appointments faces significant obstacles for reform.
  1. Government’s Role:
    • The government needs to stop rejecting proposals arbitrarily and without clear reasons.
  1. Need for Transparency:
    • Open communication about rejection reasons is essential to build trust and dialogue.
  1. Openness to Change:
    • The government must be receptive to constructive feedback to enhance the collegium system.
  1. Call for Collaboration:
    • Legal experts, judges, and policymakers should work together to create effective reform strategies.
  1. Importance of Accountability:
    • Accountability in judicial appointments is crucial for maintaining the integrity of the legal system.

Introduction

  • Recent reports reveal the Supreme Court of India’s Collegium will now interview candidates recommended for High Court judgeships.
  • The Collegium aims to exclude nominees with close relatives serving as judges to promote a more diverse judiciary.

Initial Observations

  • While these changes may seem minor, they highlight the importance of careful consideration in judicial appointments.
  • The Collegium acknowledges that some deserving candidates may be overlooked, but believes this approach fosters diversity.

Ongoing Concerns

  • It’s premature to assess the effectiveness of these changes; they could signal potential reform.
  • However, significant concerns about the system’s transparency and accountability persist.

Challenges in Reforming the Collegium System

  • Reform efforts may falter if the government continues to stonewall proposals without clear justification.
  • The collegium operates without formal rules, leading to ad hocism and opacity in its processes.
  • Establishing a binding framework is essential for maintaining the system’s integrity.

75th Anniversary of the Constitution

  • Celebrating the Constitution’s 75th anniversary highlights its commitment to equality and social justice.
  • However, the ongoing debate about judicial appointments remains a significant issue.

Historical Context of Judicial Appointments

  • The Constituent Assembly aimed for a “middle course” in appointing judges, balancing judicial independence with executive authority.
  • The Constitution outlines that judges are appointed by the President in consultation with the Chief Justice of India (CJI) and other relevant judges.

Lack of Definition

  • While the Constitution provides a framework, it lacks clarity on:
  • The nature of consultation required.
  • The transparency of the appointment process.

Second Judges Case (1993)

  • The Supreme Court ruled that “consultation” implies “concurrence” from a collegium of judges, ensuring judicial independence.

Collegium Process

  • The collegium recommends:
  • Appointments to the High Courts and Supreme Court.
  • Transfers of judges.
  • Election of new Chief Justices.
  • The government can accept or return proposals but lacks binding rules for action.

Challenges in the Process

  • Despite the collegium’s theoretical primacy, the government’s ability to block recommendations complicates the situation.
  • The Fourth Judges Case (2015) emphasized that the judiciary should maintain pre-eminence in appointments.

Rule of Law and Compliance

  • The collegium currently represents the rule of law, and the government must adhere to the established procedures.
  • Delays or resistance from the government hinder the legal process.

Need for Reforms and Accountability

  • Finding a balance between accountability and independence is crucial for meaningful reforms.
  • The collegium’s recent proposals address long-standing concerns, but effective implementation is vital.

Court’s Role in Ensuring Compliance

  • The Court has occasionally urged the government to act on recommendations but has refrained from issuing direct orders.
  • Collaborative efforts among state institutions are essential for fulfilling procedural obligations.

Conclusion

  • For the collegium system to maintain its relevance and uphold judicial independence, the rulings from the Judges’ cases must be respected.
  • The judiciary’s role as a counter-majoritarian institution relies on both declaring and enforcing the law, as articulated by Chief Justice Coke in 1611: “The king hath no prerogative but what the law of the land allows him.”