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Q. Do you think that the Collegium system of appointing judges in higher judiciary be reevaluated? Provide reasons supporting your stance. (250 words, 15 Marks)

Answer:

Approach:

  • Introduction: Begin with the significance of the Collegium system in the context of judicial independence in India.
  • Body: 
    • Discuss the issues plaguing the Collegium system, such as lack of transparency, potential nepotism, and procedural inefficiencies, substantiating with instances like the controversy around certain judicial appointments or transfers.
    • Address the concern of balancing judicial independence with the need for accountability, referencing the rejection of the NJAC Act as a backdrop.
    • Argue the necessity of rethinking the system to enhance its credibility and effectiveness, ensuring it aligns with democratic principles and constitutional values.
    • Suggest potential reforms, emphasizing transparency in the process, introducing accountable mechanisms, and improving procedural efficiencies without compromising judicial independence.
  • Conclusion: Conclude by reaffirming the importance of reevaluating the Collegium system, not to diminish judicial independence but to strengthen it through necessary reforms.

 

Introduction:

The sanctity of the judicial system in India hinges on its autonomy and the method of appointing judges to the higher judiciary, notably through the Collegium system. Instituted for preserving judicial independence, the system, over the years, has confronted criticisms over perceived opacities and inefficiencies. 

Body:

Evaluating the Need for Reassessment:

  • Transparency and Accountability:
    • The Collegium operates without a statutory obligation to justify or explain its decisions, contributing to a veil of secrecy and an accountability void. 
    • For example, decisions like the unexpected transfer of Justice Jayant Patel from the Karnataka High Court, which prompted his resignation, have raised eyebrows regarding the rationale behind such decisions.
  • Nepotism Concerns:
    • The closed-door nature and the absence of clear guidelines have fueled allegations of nepotism, where merit may sometimes be overshadowed by lineage and networks. 
    • This aspect potentially undermines the principle of equality enshrined in the Indian Constitution.
  • Procedural Delays and Efficiency:
    • Significant judicial vacancies, a direct consequence of prolonged appointment processes, have been a persistent issue. With an escalating number of pending cases, the need for a more efficient system becomes increasingly urgent.
  • Balancing Independence and Oversight:
    • While the system was designed to prevent political interference, the lack of any form of external review raises questions. 
    • The striking down of the NJAC Act, intended to introduce such oversight, indicates the judiciary’s resistance to external checks, underlining the need for a balanced solution that preserves independence while enhancing accountability.

Reimagining the Collegium System:

Considering the system’s shortcomings, a reevaluation leading to reform seems prudent. Potential enhancements could include:

  • Establishing clear, publicly available criteria for appointments.
  • Introducing a degree of external oversight or an appellate mechanism for decisions, ensuring accountability while safeguarding judicial independence.
  • Creating a structured timeline for appointments to minimize procedural delays.

Conclusion:

The Collegium system, pivotal in upholding judicial independence, necessitates a thoughtful reevaluation, not to undermine this independence but to fortify it with enhanced transparency, accountability, and efficiency. Such a reform, quintessential for a vibrant democracy like India, would reinforce the judiciary’s credibility and resonate with the constitutional ethos of justice, equality, and the rule of law.

 

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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