The Hindu Editorial Analysis- 7th January 2025 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The Collegium and changes — it may still be early days

Why in News?

Recent reforms in the Supreme Court Collegium System has been a topic of discussion . These reforms include conducting interviews for candidates recommended for elevation as High Court judges and aiming to promote judicial diversity. However, challenges such as government interference and the need for transparency and accountability remain crucial to ensuring judicial independence.

Key Decisions by the Supreme Court Collegium

• Candidate Interviews: The Collegium has started conducting interviews for candidates recommended for elevation as High Court judges.
• Avoiding Conflicts of Interest: The Collegium will now avoid selecting candidates who have close relatives serving or who have served as judges in the High Courts or Supreme Court.
• Transparency and Diversity: These steps aim to enhance transparency and diversity in judicial appointments, although they may exclude some deserving candidates.

Concerns Over Collegium Functioning

• Government Interference: There are ongoing concerns about the government’s ability to stall recommendations made by the Collegium.
• Lack of Formal Rules: The Collegium’s processes are criticized for lacking formal rules and relying on ad hoc mechanisms, which raises issues of transparency and accountability.

Constitutional Provisions on Judicial Appointments

• Supreme Court Judges: Appointed by the President in consultation with the Chief Justice of India (CJI) and other judges deemed fit.
• High Court Judges: Appointed by the President in consultation with the CJI, Governor, and Chief Justice of the High Court.
• Consultation Process: The Constitution does not clearly define the manner and transparency of the consultation process, leaving it open to interpretation.

Evolution of the Collegium System

• Second Judges Case (1993): Redefined “consultation” as “concurrence,” leading to the establishment of the collegium system for judicial appointments and transfers.
• Fourth Judges Case (2015): Reinforced the judiciary’s primacy in appointments, stating any alteration would violate the Constitution’s basic structure.

Challenges in Implementation

• Government Stalling: Despite the judiciary’s primacy, the government can delay recommendations by withholding approvals or presidential warrants, undermining the Collegium’s authority.
• Rule of Law: The Collegium’s basis in the rule of law is compromised by the government’s ability to stall recommendations.

Need for Binding Rules and Reforms

• Formal Rules: The lack of formal, binding rules weakens the Collegium system and raises questions about the codification of recent changes like candidate interviews.
• Enforcement Mechanism: The absence of a clear enforcement mechanism for the “memorandum of procedure” highlights the need for systemic reforms within the Collegium.

Balancing Accountability and Independence

• Judicial Independence: Essential for the rule of law, but current accountability mechanisms are insufficient.
• Reforms Focus: Reforms within the Collegium system should prioritize transparency, rule enforcement, and government compliance until a new process is established.

Way Forward

• Government Compliance: The government must respect the rulings in the Judges’ cases to uphold the law and ensure judicial independence.
• Collaboration: Cooperation between the judiciary and executive is crucial to meet procedural requirements.
• Judicial Authority: The judiciary should assert its authority to ensure compliance, reinforcing confidence in the rule of law.

Conclusion

• Strengthening the Collegium: Vital for upholding judicial independence and the rule of law in India.
• Importance of Transparency: Emphasizing the need for transparent, binding rules and government compliance with judicial decisions.