Hindu Editorial Analysis : 2-September-2024
In India, the process of appointing judges has become a significant issue, particularly due to the enormous backlog of cases. As of April 2024, there are 60 lakh pending cases in various High Courts, with around 30% of judicial positions remaining vacant. This situation has sparked debates about the effectiveness of the current appointment system.
Historical Context of Judicial Appointments
Before the introduction of the National Judicial Appointments Commission (NJAC) Act in 2014, the appointment of judges followed a conventional system known as the collegium system. Key features included:
- Collegium System: A group of senior judges recommending appointments.
- Chief Justice of India (CJI): The senior-most judge traditionally becomes the CJI.
The Collegium System
The collegium system was created to ensure a democratic process in appointing and transferring judges. This system emerged from important Supreme Court judgments but lacks explicit legal or constitutional backing. It consists of:
- Supreme Court Collegium: Led by the CJI and four senior judges.
- High Court Collegium: Led by the Chief Justice of the High Court and four senior judges.
Evolution of the Collegium System
Several landmark judgments shaped the current system:
- First Judges Case (1981): The President has the final say in appointments, making consultation not a necessity for concurrence.
- Second Judges Case (1993): Introduced the collegium system, emphasizing the CJI’s primary role in appointments.
- Third Judges Case (1998): Expanded the collegium to include four senior judges.
- Fourth Judges Case (2015): Struck down the NJAC Act, citing concerns over judicial independence.
Challenges with the Current System
Despite its intended benefits, the collegium system has faced criticism for several reasons:
Nepotism and Favoritism
- Lack of clear guidelines can lead to favoritism, potentially sidelining qualified candidates.
Lack of Transparency
- The opaque nature of the collegium’s decisions raises concerns about accountability and fairness.
Social Diversity
- Data indicates a significant underrepresentation of backward and minority communities among judicial appointments:
- 79% from the general category
- Only 2.8% from Scheduled Castes and 1.3% from Scheduled Tribes.
Women Representation
- Only 13% of High Court judges are women, indicating a need for gender inclusivity.
The Need for Reform
To address these challenges, the judicial appointment system in India requires substantial reforms:
Proposed Solutions
- Consultation and Consensus: Involve stakeholders such as civil society and bar associations in the appointment process.
- Reform the Memorandum of Procedure (MoP): Update the MoP to improve the appointment process for judges.
- Create a Cadre for Retired Judges: Establish a system for utilizing retired judges in various constitutional roles, ensuring they retain their benefits.
- Comprehensive Judicial Reform: Beyond appointments, address issues like high litigation costs and inconsistent outcomes.
Learning from Other Countries
Countries like the USA, Germany, and the UK employ varied systems for judicial appointments, often involving mixed committees that include both legal professionals and laypersons. Adopting similar models could enhance transparency and efficiency in India’s judicial appointments.
Why In News
In India, the appointment of judges has long been a matter of debate, closely tied to the challenge of pending cases that hinder the justice system’s efficiency. As of April 2024, a staggering 60 lakh cases remained pending across various High Courts, while 30% of judicial seats remained vacant, exacerbating delays and diminishing public confidence in the judiciary’s ability to deliver timely justice.
MCQs about The Need for Reform in Judicial Appointments in India
- What is the primary purpose of the collegium system in India?
A. To involve the executive in judicial appointments
B. To ensure a democratic process in appointing and transferring judges
C. To appoint judges based solely on seniority
D. To eliminate all judicial vacancies
- Which of the following statements about the judicial vacancies in India is true as of April 2024?
A. All judicial positions are filled.
B. 30% of judicial seats remain vacant.
C. There are no pending cases in the High Courts.
D. Only women judges hold positions in High Courts.
- What major change did the Second Judges Case (1993) bring to the judicial appointment process?
A. It allowed the executive to have equal say in appointments.
B. It established the collegium system, emphasizing the role of the CJI.
C. It mandated the appointment of judges by popular vote.
D. It eliminated the need for consultation in judicial appointments.
- What is one of the main criticisms of the current collegium system in India?
A. It includes too many women judges.
B. It lacks transparency and guidelines for candidate selection.
C. It has successfully eliminated nepotism.
D. It has a perfect representation of all communities.
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