INTRODUCTION
Recently, Chief Justice of India, D.Y. Chandrachud spearheaded the Supreme Court collegium’s recommendations for judicial appointments in the Chhattisgarh High Court. The Chief Justice of India, D.Y. Chandrachud, led the Supreme Court collegium and suggested to the government that Justice Rakesh Mohan Pandey be appointed as a full-time judge for the Chhattisgarh High Court. Furthermore, the collegium put forward the names of Justices Sachin Singh Rajput and Radhakishan Agrawal to serve as additional judges at the Chhattisgarh High Court.
However, the collegium system, responsible for such appointments, has faced criticism for lacking transparency and fostering favoritism. This article delves into the intricacies of the collegium system and its implications on the Indian judicial landscape.
Understanding the Collegium System
The collegium system, initiated in 1993 by Justice PN Bhagwati, is the mechanism through which Supreme Court judges and other judicial appointments are made. Comprising incumbent judges, this system allows for the elevation of prospective judges based on recommendations from within the judiciary itself.
Challenges and Criticisms
But recently, the collegium system has been under a lot of flak as this system creates a lack of transparency in the judge’s appointment in India. The lack of specific criteria within the collegium system for assessing candidates for judges creates ample favouritism. This absence of clear guidelines leads to a lack of transparency within the judicial system, posing significant challenges to the effective regulation of law and order in the country.
The Quest for Transparency
In an attempt to address these issues, the National Judicial Appointment Commission Act was enacted to introduce transparency into the process of judicial appointments. However, the Act faced legal challenges and was ultimately deemed unconstitutional by a five-judge bench of the Supreme Court.
Conclusion
The collegium system, while intended to ensure judicial independence, has faced persistent criticism for its opacity and potential for favoritism. As India strives for a more transparent and accountable judiciary, finding a balance between judicial independence and accountability remains a pressing challenge. Efforts to reform the appointment process must prioritize transparency and fairness to uphold the integrity of the judiciary and maintain public trust in the legal system.
