Kapil Sibal, a Rajya Sabha member and senior advocate, expressed strong concerns over new criminal laws, aiming to urge a review if supported by the Supreme Court Bar Association (SCBA). He emphasized the lack of consultation in formulating these laws and criticized the decline of the bar’s independence and political polarization. Sibal also critiqued the judiciary’s lack of uniformity in institutional procedures and emphasized the need for introspection in the appointment mechanisms.
The Delhi High Court imposed a fine of Rs. 25,000 on an individual seeking justifications for Supreme Court Collegium’s recommendations, emphasizing the Collegium’s autonomy. The petitioner’s plea was deemed a misuse of judicial resources, lacking genuine public interest. The decision raised concerns about judicial independence versus transparency in the Collegium system.
Controversy surrounds the appointment of Himachal Pradesh High Court judges, as two district judges challenge the decision in the Supreme Court. Chirag Bhanu Singh and Arvind Malhotra, expressing discontent over alleged favoritism, claim oversight despite their seniority in Solan and Bilaspur districts. They have petitioned the Supreme Court to review the appointments.
![[EXCLUSIVE] Abolition of Collegium System | CJI Led Bench Refuses to List the Plea](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/04/Screenshot-2024-04-29-133408.png?resize=447%2C367&ssl=1)
The Supreme Court, led by Chief Justice D Y Chandrachud, Today (April 29th)
declined to consider a plea seeking abolition of the collegium system for appointing judges in the higher judiciary. Lawyer Mathews Nedumpara’s frustration over his petition not being listed for hearing was acknowledged, but the court cited prior rulings rendering the plea non-maintainable. The controversy stems from a 2015 ruling deeming the NJAC Act unconstitutional.
The Supreme Court rejected a petition to abolish the Collegium system and reinstate the National Judicial Appointments Commission (NJAC). The Registrar emphasized the system’s legality, citied previous judgments, and deemed the petition repetitive and burdensome to the court. The rejected plea criticized the Collegium system and the 2015 judgment, which struck down the NJAC mechanism.
Former Supreme Court Justice Rohinton Nariman proposed a reform for India’s Collegium system, suggesting a panel with the Chief Justice and four retired judges to enhance judicial independence and address system flaws. He also emphasized the importance of transparency in the selection process and the inclusion of practicing members of the legal profession in the nomination process. The proposed framework aims to ensure well-qualified and committed judges while fostering judicial independence and accountability.
On Sunday(21st April),Retired Justice Nariman criticized the Collegium system for neglecting independent judges like Justice Kureshi. He highlighted its failure to recognize exceptional competence and independence, leading to regrettable exclusions. Nariman’s remarks underscore the need to revisit the system and implement reforms to uphold judicial integrity and credibility in India.
Justice Akil Kureshi honored with the SGS Ethics Award for his dedication to upholding India’s essence in the legal profession. His commitment to integrity and ethical conduct in the judiciary was recognized. He emphasized the importance of unity in diversity and advocated for reforms in the Collegium system, while expressing concern over human rights violations.