DMPQ: Independence, impartiality and fearlessness of judges are not private rights of judges but citizen’s rights. Ultimately judicial legitimacy/ power rests on people’s confidence in courts. In this context discuss the concerns with the collegium system. (POLITY)

The process for the appointment of judges lies at the heart of an independent judiciary.

  • The Second Judges’ case of 1993 led to the formation of a collegium of high-ranking judges which has since then identifying persons for appointment to the SC and high courts.
  • While the collegium began with a desire for judicial independence, the recent collegium appointments show that it is not transparent.
  • The lack of a written manual for functioning, the absence of selection criteria, the arbitrary reversal of decisions already taken and the selective publication of records of meetings shows that the Collegium is getting opaque.
  • Also, the higher judiciary has exempted itself from the Right to Information Act.
  • The appointment of judges is a serious issue.  This seriously undermines the independence of judges and raises unnecessary doubts about the credibility of the highest court as the government is not only the biggest litigator but also the greatest threat to the abuse of power.
  • Thus, India needs to restore the credibility of the higher judiciary by making the process of the appointing judges transparent and the collegium must also open its proceedings to the public.

 

RAS-RTS FREE Notes brings Prelims and Mains programs for RAS-RTS FREE Prelims and RAS-RTS FREE Mains Exam preparation. Various Programs initiated by RAS-RTS FREE Notes are as follows:- For any doubt, Just leave us a Chat or Fill us a querry––

Android App for RAS Prelims and Mains 

-Rajasthan GK (History, Geography, Economy and Polity)
-RAS Prelims Notes
-RAS Current Affairs
-Daily Mains Practice Questions (DMPQ)
-Daily Prelims Practice Questions (DPPQ)
-Mains Topic wise Notes for All RAS GS Papers

Install Now on

Subscribe to RAS Free Notes

Never Miss any RAS important update!

Join 9,419 other subscribers