oppn parties Delays In Appointing Judges Cannot Be Condoned

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Delays In Appointing Judges Cannot Be Condoned

By Our Editorial Team
First publised on 2022-11-12 05:56:18

About the Author

Sunil Garodia The India Commentary view

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. 

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