Former Chief Justice of India D.Y. Chandrachud explained that the appointment of judges is a complex process requiring coordination between the judiciary and the government. He emphasized that the system operates within a framework of checks and balances to ensure fairness and accountability. Chandrachud’s remarks addressed concerns over delays in judicial appointments, highlighting the collaborative nature of the process.
Former Chief Justice of India (CJI) DY Chandrachud addressed the issue of delays in judicial appointments, emphasizing the “checks and balances” inherent in the system.
He stated,
“There have been times when certain appointments should not have been delayed. A robust dialogue is essential. It’s important to note that it’s not just the government that has a veto; the judiciary does as well.”
Chandrachud explained that the appointment of judges is a complex process involving both the judiciary and the government.
He remarked,
“The views of the judiciary are crucial because it’s the judges who are in the courts,”
Highlighting that the government is not privy to the day-to-day workings of the legal profession.
He pointed out that the appointment process includes various stakeholders, such as the collegium in high courts, the Supreme Court, and the Union Government, making it anything but straightforward. He also refuted the notion that “judges appoint judges,” clarifying,
“The appointment process is a multi-layered system.”
In the same interview, he commented on the perceived rift within the Supreme Court collegium, stating,
“None of us share the same approach to law. We respect each other’s viewpoints. There has never been a rift in the collegium since I became Chief Justice… colleagues may have different perspectives.”
Regarding his prayer prior to the Ayodhya verdict in 2019, Chandrachud expressed that he is “a person of faith” and clarified that praying before the verdict does not indicate bias.
He stated,
“Praying before the Ayodhya judgment does not mean that I only prayed before that specific judgment… I pray every day. My faith does not affect my ability to dispense justice.”
The appointment of judges in India is a multifaceted process involving both the judiciary and the government, designed to maintain a balance of power and ensure judicial independence. However, recent delays in these appointments have raised significant concerns.
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Prolonged Vacancies: In October 2023, the Supreme Court expressed concern over 70 High Court Collegium recommendations that had been awaiting government approval for more than ten months. These extended delays risk discouraging potential candidates, leading to a loss of talent due to prolonged uncertainty.
Impact on Seniority: The Supreme Court observed that delays in judicial appointments interfere with the seniority order of judges, potentially disrupting the judiciary’s structure and overall functioning.