oppn parties In Search For A Perfect System To Appoint Judges

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  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
oppn parties
In Search For A Perfect System To Appoint Judges

By Sunil Garodia
First publised on 2022-11-29 06:54:37

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The battle lines have been drawn once again between the government and the judiciary, this time more seriously, over the process of appointment of judges. It all started at the Times Now summit when law minister Kiren Rijiju said that there are loopholes in the collegium system and it lacked transparency. More damningly, he asked the judiciary not to send the files for appointing judges if it felt that the government was 'sitting' on those files. The Supreme Court on its part reminded the government that the collegium system was the law of the land and the government was duty bound to follow it. It also reiterated that once the collegium resends a name sent back by the government, the latter had no option but to approve it as per law. It regretted that the government was also sitting on the names that were sent back to it after it had initially sent them back to the collegium for further review.

While both the government and the judiciary are right in their own way (since the government has not come up with a new National Judicial Appointments Commission (NJAC) after the earlier one was scrapped by the Supreme Court and in its absence, the collegium system is the only way judges can be appointed at present), this tug of war is taking a huge toll on the judiciary since huge number of vacancies exist in high courts and the Supreme Court and this is increasing pendency of cases. Till the time the government comes up with an alternative mechanism of appointing judges and it is approved by the Supreme Court, it should not prevent appointment of judges, especially without disclosing the reasons for rejecting the names.

The government's charge that the collegium system is not transparent has merit. But the government needs to follow it as it is the law of the land. If it rejects a name, it has to give valid reasons for doing so within the time limit set by the Supreme Court in the comprehensive guidelines it issued last year. The collegium also has to consider the government's objections before resending a name rejected by the government. Aslo, the collegium has to be more transparent and disclose the manner in which names are selected and maintain minutes of the meetings. But a long term solution of this vexed issue can only be found if the government sits with the judiciary to find a middle ground and drafts a new law for appointments to the higher judiciary.

 

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