Delays In Appointing Judges Cannot Be Condoned
The India Commentary view
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By Our Editorial Team
First publised on 2022-11-12 05:56:18
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The India Commentary view
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The Indian
judicial system is groaning under the weight of pendency. Among many other reasons
for the delay in serving justice, one of the biggest reasons is vacancies in Supreme Court and the high courts. The Centre and the Supreme Court have been at odds regarding the
best system to appoint judges. While the Centre wants to have a say in such
appointments through the NJAC, the judges feel that the collegium system is
best. But the fact of the matter is that until and unless an alternate system which
is agreeable to both is in place, appointments of judges have to done on the
system currently in place and there should be no delay from the government side
in clearing names proposed by the SC collegium.
Hence, the
Supreme Court is right in saying that it is unacceptable that the Centre sits
on names proposed by the collegium as it causes delays in appointment of judges
and vacancies keep on increasing. It also pointed out that the judiciary loses
out on talent as good lawyers identified and proposed as judges by the collegium
lose interest and withdraw their names if there is inordinate delay from the
side of the government in confirming their appointment. The apex court also
said that the Centre was not following its guidelines on time-bound appointment
of judges. This is most unfortunate.
No system
can claim to be perfect. The collegium system lack transparency and diversity;
the NJAC transfers more power on appointments to the government. As the matter
has been hanging fire since 2015, it is high time that the government and the
judiciary sit together to work out a middle ground which ensures the
independence of the judiciary yet involves the government and civil society in
the appointment of judges. Meanwhile, the government must not put hurdles in such
appointments. It should respond quickly to collegium recommendations, reject
names only if there are strong reasons to do so and approve names reiterated by
the collegium without delay. Also, it should revive the NJAC by taking the judiciary on board.
