Justice Dhulia’s Recommendation: Supreme Court Challenges Kerala Governor
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Justice Dhulia Advocates for National Judicial Appointments body
What Happened?
Justice U.U. Lalit,a former Chief Justice of India,and Justice Abhay S Oka,while hearing a petition concerning judicial appointments,recommended the establishment of a national-level body to oversee the selection of judges.Justice Manoj Kumar Ohri also formed part of the bench.This recommendation stems from concerns about the current Collegium system and aims to increase openness and accountability in judicial appointments.
The Current Collegium System: A Deep Dive
The Collegium system,as it currently operates,is a process where senior judges of the Supreme Court recommend candidates for appointment as judges. While intended to safeguard judicial independence, it has faced criticism for a lack of transparency and perceived arbitrariness. The process involves internal deliberations within the Collegium, with limited public scrutiny. This has led to concerns about nepotism and the exclusion of qualified candidates.
Here’s a breakdown of the Collegium’s composition:
| Level | Composition |
|---|---|
| Supreme Court Collegium | Chief Justice of India and the four next senior-most judges of the Supreme Court. |
| High Court Collegium | Chief Justice of the high Court and two next senior-most judges of that High Court. |
The Memorandum of Procedure (MoP) governs the Collegium system, outlining the steps for recommending judges.However, the MoP has been subject to revisions and disagreements between the judiciary and the executive branch.
Why a National Judicial Appointments Body?
Justice Dhulia’s recommendation, echoed by the bench, argues that a dedicated body could address the shortcomings of the Collegium system. A national body would ideally include representatives from the judiciary,the executive,and perhaps civil society,fostering a more inclusive and transparent process. This could lead to a more diverse and qualified judiciary, enhancing public trust in the institution.
Key benefits proposed include:
- Increased transparency: Publicly available criteria and proceedings.
- Broader Portrayal: Inclusion of diverse perspectives in the selection process.
- Enhanced Accountability: Clearer lines of duty for appointments.
- Reduced Scope for Arbitrariness: Objective evaluation criteria and a structured process.
Constitutional Implications and Potential Models
Establishing a national judicial appointments body may require a constitutional amendment, as the current framework heavily relies on the Collegium system. Several models could be considered, drawing inspiration from other democracies. For example, the United States has a Senate confirmation process for federal judges, while the United Kingdom has a Judicial Appointments Commission.
A potential model for India could involve a commission composed of:
- The Chief Justice of India (Chairperson)
- A senior judge of the Supreme Court
- The Attorney General of india
- Two eminent jurists or legal scholars
- A representative from the executive branch