Gustakhi Maaf Haryana: Pawan Kumar Bansal
Flaws in the Collegium System for Judicial Appointments
Gustakhi Maaf Haryana-Pawan Kumar Bansal.
Flaws in the Collegium System for Judicial Appointments
Introduction to the Collegium System
The Collegium system, which governs the appointment of judges in India, has evolved through judgments passed by the Supreme Court rather than by an Act of Parliament. While this system has its merits, it is not without significant flaws that hinder timely and fair judicial appointments.
Issues with District Judge Promotions
Under the current framework, District Judges are promoted to higher judicial positions, while advocates are elevated to the role of High Court judges. However, the process of promotion for District Judges often becomes cumbersome, formal, and delayed. This stands in stark contrast to the more streamlined elevation of advocates to the position of High Court Judge. Given the importance of judicial continuity and efficiency, the promotion of District Judges should not be subject to unnecessary delays or administrative hurdles. These positions should be filled with priority, ensuring that vacancies are addressed without prolonging the process.
Concerns Over Delayed Promotions and Elevation
In many cases, eligible District Judges are deliberately overlooked for promotion, often due to flimsy reasons or personal biases of those already sitting on the benches of the concerned High Courts or the Supreme Court. This undermines the fairness and integrity of the judicial system and prevents competent and deserving individuals from reaching higher judicial offices.
Need for Legislative Intervention
It is imperative that Parliament steps in to address these issues by legislating on the matter of judicial appointments. A more transparent and accountable system, backed by legislation, would prevent the undue influence of unscrupulous elements and ensure that promotions and appointments are made based on merit and efficiency, rather than political or personal considerations.
Conclusion
The flaws in the Collegium system need to be addressed through concrete legislative action. By ensuring that judicial appointments and promotions are fair, transparent, and timely, Parliament can strengthen the credibility of the judiciary and uphold the rule of law in India.