Political Affiliations of Judges

GS Paper II Indian Polity and Governance

Context

A retiring Calcutta High Court judge revealed that he has always been a member of the Rashtriya Swayamsevak Sangh (RSS).

Political affiliation refers to an individual’s identification or association with a particular political party or ideology.
Membership: It often involves being a member of a political party.
Support: Includes supporting a party’s candidates, policies, and platform.

Cooling-off period for judges , bureaucracy about joining politics

This period is the time during which judges, bureaucracy are disallowed to join politics.
There is provision of mandating at least two years for judges and bureaucracy before joining politics.
- This provision is helpful in building public confidence and preventing allegations of quid pro quo.

Activities: Participating in activities such as voting in primaries, attending party meetings, and campaigning.
Beliefs: Holding beliefs and values that align with a specific political party.
Donations: Financial contributions to a political party or its candidates.

Pre-1970s: Political ideology was not a major factor in judicial appointments.

Articles	Constitutional Provisions in India
Article 124	According to the procedure, the President appoints Supreme Court judges after consulting with selected judges from the High Courts and the Supreme Court. The Chief Justice of India (CJI) must be consulted in all appointments, except for the appointment of the CJI themselves.
Article 217	High Court judges are appointed by the President following consultation with the Chief Justice of India (CJI) and the Governor of the respective state. Additionally, the Chief Justice of the relevant High Court must also be consulted in the appointment process.

Shift in Appointment Practices After 1970: This practice shifted when Indira Gandhi’s government faced Supreme Court setbacks in key cases (Golak Nath, bank nationalization, privy purses). .
- This setback forced Ministers to start arguing for considering ideology in Supreme Court appointments.
  - Impact on Justice M N Chandurkar: Despite qualifications, his elevation to Supreme Court was blocked.
    - Reasons for Disapproval: Attendance of RSS leader’s funeral and positive remarks about the leader.
The Collegium System:
- Since the 1990s, judicial appointments have been made through the Collegium system where judges appoint judges.
  - This system presumes judicial neutrality and expects judges to avoid overt
  - The Collegium system handles the appointment and transfer of judges in the Supreme Court and High Court.
  - It is not based on the Constitution but has developed through Supreme Court judgments.
  - Structure and Function
    - Supreme Court: The Chief Justice of India CJI + 4 senior-most Supreme Court judges.
      - They recommend judicial appointments and transfers.
    - The High Court Collegium: This collegium comprises Chief Justice of the high court + 2 senior-most judges.
    - Government’s Role: Can raise objections/ask for clarifications, but ultimately bound by collegium’s recommendations if reaffirmed.

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