New Delhi: In a move that signals a potential shift in the judicial appointment process in India, the Supreme Court, under the stewardship of Chief Justice D Y Chandrachud, has decided to form a special bench. This decision is in response to a plea challenging the existing collegium system, a method that has long governed the appointment of judges in the country’s higher judiciary. The announcement was made following an interaction with Advocate Mathews J Nedumpara.
Also read-Supreme Court Rejects Continued Court Monitoring In Dabholkar Case (lawchakra.in)
The collegium system, which allows judges to appoint their successors, has been a subject of intense debate and scrutiny. The urgency for reevaluation was brought into sharp focus by the remarks of Justice Sanjay Kishan Kaul, a recently retired Supreme Court Judge. In a revealing interview with PTI on December 29, Justice Kaul offered a candid assessment of the system’s current state.
Justice Kaul, who retired on December 25, articulated his concerns about the collegium system’s functionality. He stated,
“If people say it (collegium) works smoothly, that would be unrealistic in a sense because that is not a fact. That is reflected by the number of appointments which remain pending. Even till today, certain names which have been recommended, are pending.”
His comments highlight the pressing need for introspection and potential reform within the judicial appointment mechanism.
Also read-BILKIS BANO VERDICT- Key Points! (lawchakra.in)
In 2014, the government led by Prime Minister Narendra Modi enacted the National Judicial Appointments Commission (NJAC) Act. This Act aimed to modify the judicial appointment process by including members from outside the judiciary. The NJAC, composed of the Chief Justice of India, two senior Supreme Court judges, the Union Law Minister, and two eminent persons, was intended to offer a more inclusive and diverse approach to judicial appointments. However, in a landmark judgment in October 2015, the Supreme Court struck down the NJAC Act as unconstitutional, thereby reinstating the collegium system.
Chief Justice D Y Chandrachud’s decision to set up a bench to examine the plea against the collegium system marks a critical juncture in the ongoing discourse on judicial appointments in India. It demonstrates an openness to addressing the challenges and inefficiencies inherent in the current system.
This development in the Supreme Court, concerning the potential reevaluation of the collegium system, is poised to have significant implications for the judiciary’s independence and the broader process of judicial appointments in India. The legal community and the public at large await the outcomes of this bench’s deliberations, which will delve into the complex dynamics of judicial independence, transparency, and accountability in the context of appointing judges to the nation’s apex courts.
