Context
A retiring Calcutta High Court judge revealed that he has always been a member of the Rashtriya Swayamsevak Sangh (RSS).
What is Political Affiliation?
- 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.
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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.
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- 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.
Timeline for changes in Political Ideology in Judicial Appointments in India
- 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.
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| 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.
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- 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.
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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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23 May 2024
