Editorial: On a collision course
The political class may be unhappy with the collegium system but it should not be used as a reason to delay compliance with the law of the land
While the collegium system of appointment of judges may not be a perfect one, it should not be used as a ruse by the executive to indulge in inordinate delay in clearing the names recommended by the judiciary. The executive and the political class may have strong views about the age-old convention and may, justifiably, feel the need for demystifying and reforming the collegium system to make it more transparent and free from bias, but what is worrying now is that the disagreement on this issue is setting the NDA government on a collision course with the judiciary. The latest observations by the Supreme Court on the appointment of judges reflect the growing frustration over the approach of the central government. The apex court has expressed anguish over the delay by the Centre in clearing the names recommended by the collegium for appointment of judges in the higher judiciary, saying it “effectively frustrates” the method of appointment. Over the past few months, the union government appears to be at loggerheads with the judiciary over the issue. While Chief Justice of India DY Chandrachud and former CJI UU Lalit have defended the collegium, Law Minister Kiren Rijiju made some uncharitable remarks which have angered the judges. In the process, the delay in the appointment of judges is adversely impacting judicial work. A two-member SC bench said they were being “patient”, despite the apparent “defiance” by the government. The union Minister has made the matters worse by daring the apex court to go ahead and appoint judges “on your own and run the show”.
It appears that the Centre is unhappy with the fact that the National Judicial Appointments Commission (NJAC) Act, which was supposed to replace the collegium system, did not muster a constitutional mandate. But, it should not be used as a reason to delay compliance with the law of the land. In view of the huge pendency of cases in all courts, the SC has been critical of the government for holding back appointments cleared by its collegium. The Centre, on the other hand, not only keeps citing the demands of due diligence but also keeps questioning the collegium system of appointment itself, describing it as opaque and alien to the Constitution. The SC had, in its 2015 verdict, struck down the NJAC Act and the Constitution (99th Amendment) Act, 2014, leading to the revival of the collegium system. The collegium comprises the Chief Justice of India and four senior-most justices who decide the appointment of judges to the high courts and the apex court. The collegium system is widely seen as an oligarchical rather than a fair entity. It needs to change in the interest of transparency in the functioning of the judiciary. Greater transparency in the system will ensure that the best candidates apply for judicial positions.
