Day 6 – Q 5. The issue of judicial appointments and elevation is a long pending one. The judiciary and the executive needs to come to a common ground and also, reforms to ensure transparency must come from within the judiciary. Comment
5. The issue of judicial appointments and elevation is a long pending one. The judiciary and the executive need to come to a common ground and also, reforms to ensure transparency must come from within the judiciary. Comment.
5. न्यायिक नियुक्ति और उन्नयन एक लंबित मुद्दा है। इसके लिए ना केवल न्यायपालिका और कार्यकारी को एक ही जमीन पर आने की जरूरत है अपितु यह भी सुनिश्चित करना आवश्यक है कि पारदर्शिता खुद न्यायपालिका के अंदर से ही आये। टिप्पणी करें।
- Introduction- Issues of judicial appointments and elevation. How the issue is a long pending one.
- The tussle between judiciary and executive.
- How can they come to a common ground?
- Reforms to ensure transparency
How can judiciary tackle the issue internally
- Points to keep in mind- Since it’s a polity question, related articles like Art 124, in this case, should be mentioned.
The recent turf between executive and judiciary over judicial appointments in Uttarakhand High Court has brought the issue of judicial appointments once again into the limelight.
Article 124 of the Indian constitution provides for the appointment of judges by the President in consultation with the judiciary. The word consultation being ambiguous, the judiciary itself, through the Three Judges Cases, has evolved the collegium system. The Collegium has made the role of the executive in the appointments and elevation just a formal one.
- The issue arises as the system is not transparent with no criteria for appointment or elevation set leading to lack of accountability and nepotism.
- The above has resulted in huge pendency- pendency of 4.5 years per case on an average. This is a serious concern as justice delayed is justice denied.
The tussle between judiciary and executive:
While judiciary has been blamed for nepotism and lack of transparency. The executive has been blamed for interfering with the judiciary which is against the principle of separation of powers mentioned in Article 50.
The need of the hour is to find a common ground.
- The Supreme Court has asked the government to frame Memorandum of the procedure after it struck down as “unconstitutional” the National Judicial Appointments Commission Act proposed by the central government. The MoP is still in limbo. The executive and the judiciary need to have a mutual understanding of what the terms of MoP would be.
- The idea of the constitution of All India Judicial Services under article 312 for judicial appointments can be deliberated upon.
- The Collegium has recently decided that it would disclose the reasons for its recommendations. This would go a long way in ensuring transparency.
- Further, the executive should provide a time frame in which it should convey its suggestions to the judiciary on the recommendations made.
- Judiciary can deliberate on the idea of coming under RTI. This will ensure transparency.
The judiciary and the executive must find a common ground to put at the rest the matter of judicial appointments and elevation. This is required as the public trust in one of the most important organs of democracy, the judiciary is declining.
Best answer: Himanshu Gupta