Collegium System

In News 

The Supreme Court has alleged the Government of delaying Collegium recommendations on the appointment of judges to High Courts.

What are the fallouts of such steps by the executive?

• High Courts with skeletal judicial strength
  • Delhi High Court will be with less than 50% judges in August 2021, having only 29 judges out of a strength of 60 judges.
• Delayed adjudication of commercial disputes
  • As this observation of SC came during a anti-dumping proceedings, SC observed it will hamper business litigation
• Delayed Governance:
  • It will also create problems in the smooth functioning of government as the government, itself, is one of the largest litigants in India.
• Pending Cases
  • The number of pending cases is too high (around 57 lakh as per National Judicial Data Grid)

What is its importance in Democracy?

• Participatory consultative process
  • In 1993, the second judges case held the process of appointment of Judges to the SC and the HCs as an integrated ‘participatory consultative process’.
    • The aim is to select the best and most suitable persons available for appointment.
  • All the constitutional functionaries must perform this duty collectively with a view primarily to reach an agreed decision.
• Adherence to Highest Democratic Ethical Principles:
  • Judges, in general, have shown adherence to highest ethical and moral conduct.
  • They display attributes essential for making an able, independent and fearless judge.
  • Further they had “legal expertise, ability to handle cases, proper personal conduct and ethical behaviour, firmness and fearlessness.
• Many new people friendly innovations:
  • Indian judiciary has developed multiple instruments like Public Interest Litigation (PIL) to uphold the democratic value of Justice for all.
  • Further multiple directive related to police reforms, triple talaq, Mob lynching later became the well accepted laws.

Way Ahead

• Opaqueness.
  • There is a lack of transparency and few allege how the whims and fancies of a few judges decide the fate of the whole Indian judiciary.
• Scope for nepotism.
  • There are many judges who are kith and kins of former judges ignoring merit.
• Embroilment in public controversies.
  • Juniors of Delhi High Court Judges were elevated to superior positions which raised eyebrows.
• Overlooks several talented junior judges and advocates.
  • It demotivates the state judicial services judges and thus violates merit.

Source: TH