India is a democratic giant, but sadly, the selection of one of the pillars of democracy is filled with bountiful of inaccuracies, also commonly understood as the COLLEGIUM SYSTEM.
What is this system, and why should it change?
As the name defines collegium means an organisation of people with common interests. This system involves the appointment of the Supreme Court and High Court judges, who are appointed by certain experienced individuals from the same field and the central government as well.
With the battle of three-judge cases named as S.P. GUPTA v/s Union of India-1981, Supreme Court Advocates on Record Association v/s Union of India-1993, in re special reference 1 of 1998, the court came out with the special judgment of judicial independence. It means no role of legislature as well as executive state branch in the appointment of judges. Thus, the collegium system came into force.
Though, many voices were raised against this system, like in January 2013, public interest litigation filed by NGO Suraz India Trust which got dismissed by the court. However, on 5th September 2013, the Rajya Sabha passed The Constitution (120th Amendment) bill, 2013, that amends articles 124(2) and 217(1) and establishes the Judicial Appointment Commission, on whose recommendation the President would appoint judges to the higher judiciary.
FLAWS IN THE COLLEGIUM SYSTEM
Let us discuss the shortcoming of this NEPOTISM.
In the presence of so many lawyers, only a few families are running the judges seats, which looks like family generation business. This accurately shows the restricted judiciary, which is called an independent one.
There is no exploration or seeking of talent, a few people from government and Judges Panel recommends name which is eventually from their families next generation. Thus it sufficiently proves the doctor son doctor and judge son judge policy irrespective of talent and individual abilities.
The selection process is time taking as the recommendation from both side clashes out with each other, due to which still a large number of seats in both Supreme Court, as well as High Court judges, is vacant. The straight effect of it is on the verdict of cases which takes a generation of time to get solved. E.g. Ram Mandir Ayodhya case ( Wherein the verdict is yet pending.)
Political interference is always there like we can see it in the Uttarakhand chief justice K.JOSEPH case. Both the parties wanted a different person to sit, because of which the state cases verdict suffered.
To hire people for positions like judges shouldn’t be jingled in this system. Instead, an open system like CIVIL SERVICE EXAMS should be conducted, because following a system which is not even mentioned in the constitution is like walking barefooted on the fire to cause harm and loss.
A transparent system to hire judges should be there so that more people with the right temperament get chance. The running family business should get abolish from our nation to lead it in the independent judiciary system.