Day 27 – Q 3. Examine the contentious issues related to judicial postings and promotions. What are your views in this regard? Substantiate your views.
3. Examine the contentious issues related to judicial postings and promotions. What are your views in this regard? Substantiate your views.
न्यायिक पोस्टिंग और पदोन्नति से संबंधित विवादास्पद मुद्दों की जांच करें। इस संबंध में आपके क्या विचार हैं? अपने विचारों को सारगर्भित करें।
An effective judiciary forms the bed rock of functional democracy. However many contentious issues related to judicial postings and promotions have been raised recently.
Contentious issues related to judicial postings and promotions
- Collegium system – hampering transparency in judicial postings and promotions
- Conflict of Interest of Judges
- Corruption and favoritism in transfer and posting
- Vacancies and pendency due to inadequate postings
- Post retirement job taken by judges
- Poor gender representation in judiciary
- Political interference
My views in this regard
- Collegium system – NJAC bill was struck down by the Supreme Court. Collegium system has failed to fill the vacancies on time. Question against the quality of judges have also been raised.
- Judges must recuse themselves to avoid conflict of interest. Judiciary must bring itself under effective ambit of RTI act. Judges must declare their assets and relevant information proactively.
- Corruption and favoritism in transfer and posting as highlighted by justice Kehar in his report.
Judicial accountability bill 2010 can be passed and its provisions can be effectively implemented.
- National judicial oversight committee – a complain scrutiny panel
- Investigation committee
- Any person can complain to NJOC on ground of misbehavior.
Adoption of best practices
- Global measure of court performance – created by USA and Singapore.
- Denmark – special court of complaints has been empowered to hear complaints against judges.
Vacancies and pendency due to inadequate postings
- 3.5 crore cases pending in the judiciary (Economic survey).
Economic survey – to make Indian courts more productive
- Increase the number of working days by reducing holidays.
- Establishment of Indian courts and Tribunal services
- Use of technology like – e-courts; National judicial Data Grid
Post retirement job taken by judges – there must be a cooling off period as recommended by Justice Lodha
- India has token representation of women in higher levels of judiciary – presently there are three women judges in the Supreme Court – R Banumathi, Indu Malhotra and Indira Banerjee.
- Political interference – Justice HR Khanna was denied the post of CJI Justice Khanna due to his dissenting judgement during emergency. Maintenance of ‘separation of power’ is essential for independence of judiciary.
Judicial postings and promotions form the core of effective judiciary. Rule of law and justice in society is critically dependent on it. It must be done with transparency, accountability, efficiency.