Economist Sanjeev Sanyal urges urgent judiciary modernization to avoid hindering India’s progress, calling for collegium system reforms. He highlights inefficiencies and outdated practices in the current judicial framework, emphasizing the need for transformation.
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NEW DELHI: Renowned economist Sanjeev Sanyal has emphasized the urgent need for modernizing the judiciary, stating that failure to do so could become the most significant impediment to India’s economic, social, and national advancement. Sanyal further advocated for reforms in the collegium system, which governs the appointment and transfer of judges in the High Courts and the Supreme Court.
In a recent podcast called Prachayam, Sanyal expressed his concerns about the current state of the justice system, stating-
“We must reform the justice system. Reflect on this ‘tareekh pe tareekh’ system. What is its relevance? This has persisted since colonial times, unchanged for seventy-five years.”
He pointed out the inefficiencies of the system, where courts take extended summer and Dussehra breaks, and called for the modernization and transformation of outdated practices. Sanyal acknowledged that while the government could contribute to this process to some extent, ultimately, the responsibility falls on the judiciary itself.
According to the Supreme Court’s calendar for 2024, the court will begin its summer vacation on May 20 and resume proceedings on July 8. Additionally, the court will remain closed for six days during the Dussehra festival, from October 7 to October 12. Furthermore, the Supreme Court will observe a break for Christmas and New Year, remaining closed from December 25 to January 1, 2025.
Regarding the collegium system, Sanyal, who serves as a member of Prime Minister Narendra Modi’s Economic Advisory Council, highlighted the need for improvements in the appointment process of judges.
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He criticized the current collegium system, stating-
“In the current collegium system, judges determine who will be the next judge, and this cycle perpetuates. Consequently, their own associates are likely to succeed, raising questions about impartiality.”
Drawing from his experience as an advisor to the Prime Minister’s Economic Advisory Council, Sanyal argued that appointments should be made based on merit rather than personal connections or favoritism. He emphasized the importance of establishing a system that allows individuals from diverse backgrounds to contribute to the judiciary.
Sanyal stated-
“If we decide who the next advisor will be and simply appoint them, does it work that way? Appointments should be based on merit. Otherwise, it becomes a matter of nepotism – I’ll do it, my brother will do it, my son will do it, or my acquaintances will do it – it continues like this. Hence, a system allowing outsiders’ participation should replace this cycle.”
Sanyal further advocated for a modernized judicial system where archaic terms such as “milord” are reevaluated. He urged society to contemplate the significance of such terms and called for a shift in the way judges are addressed in courtrooms.
Sanyal stated-
“What’s the meaning of ‘milord’? Reflecting on these terms (milord, your lordships) is essential. I believe society needs fresh perspectives to drive change.”
Highlighting the importance of collective efforts, Sanyal emphasized that the government alone cannot bring about the necessary changes. He called for a comprehensive public debate on implementing a new system that aligns with the aspirations of a modern India. Sanyal warned that if modernization is not prioritized, it could pose the most significant obstacle to the country’s economic, social, and national progress.
The collegium system has been criticized for its opaque appointment process, where a panel of judges recommends candidates for judicial positions. Chief Justice of India (CJI) DY Chandrachud defended the collegium system in an interview with an media at a Conclave held in 2023, stating that certain aspects of candidates’ personal and professional lives cannot be disclosed to the public during the selection process.
He argued-
“When we handle the personal and private aspects of individuals’ lives, particularly judges under consideration, we must be mindful that not every detail of their lives can be exposed to the public during the selection process.”
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