Friday, February 21, 2025

Is collegium boon or bane?

 Collegium is a group of elites among the most elites in the Indian judicial system comprising of 5 senior most justice in the apex court and 3 senior most justice in the 25 discrete high courts of India having their sole control over entire judicial setup. 


PROBLEMS ASSOCIATED -

1. Nepotism: 30-35% of SC judges appointed since independence had relatives in Judiciary at the Apex level.

2. Several Judgments challenging principles of natural justice.

3. Absolutism on the peak i.e. Judicial overreach: Misuse of power by demeaning executive and legislature in the name of safeguarding the constitution.

4. Lack of Transparency - No clear selection criteria for the judges at the apex level drawing favors in some cases.

5. Fewer representation - Very minimal chances for First - Generation lawyers, women and marginalized communities to catch the bus leading to high corridors of power.

6. This wing emphasizes vividly for women reservation at all levels of the government but fails to fulfill the equity objective when it comes to Judiciary itself.

7. No media house can enter or even question the baseless and biased judgments pronounced revealing the psyche that Judiciary is above all and no one can deter to question this setup.

8.  Impeachment process is almost impossible to execute that fills these Justices with the sense of immense vanity.

9. It is almost impossible to register a case against SC and HC judges.

10. Till date, No IT Officer, Enforcement agencies has the courage to conduct a raid on the SC and HC judges depicting as if all the Justices have a clean background since the day they took oath to be a part of SC and HC justices. 

REMEDIES AVAILABLE - 

1. Bring NJAC, creation of All India Judicial Services and removal of collegium.

2. Create a body of people having crystal clear history and honest background comprising of eminent Jurists, Legislators, Bureaucrats, Media houses, noble laureates, Padma awardees that will keep a check not only upon Legislator, Executive but even entire judiciary as well.

3. Give liberty to investigating agencies to conduct raid upon SC and HC judges when they have concrete proof.

4. Fair representation of women and people from marginalized communities should be inducted at top judiciary.

5. Bring bill in parliament and ease the Impeachment process so that no justice can behave absolutely.

6. Increase the number of judges at all the three levels by at least thrice to expedite the pendency of cases.

7. Usage of technology to negate corruption inside judicial premises.

8. Fixing the accountability of Judges when they take cognizance on baseless allegations to draw favors from the advocates.

9. Judiciary should enhance the number of staff to manage the court affairs.

10. Giving media a fair chance to raise and ask questions when Judges pass orders on their discretion which are against the principles of natural justice.

1 comment:

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