19/01/2019 - Indian Polity

KEY POINTS

Mechanisms

·        The Supreme Court along with Centre need to finalise a memorandum of procedure (MOP) in consultation with the chief justice of India to make the Collegium system more transparent and accountable.

·        The eligibility criteria and the procedure as detailed in the MoP for the appointment of judges ought to be made available on the website of the Court concerned and on the website of the Department of Justice of the Government of India.

·        The Supreme Court website now has a new tab called ‘Collegium Resolutions’, currently consisting of recommendations regarding appointments to the High Courts of Kerala and Madras.

·        The documents detail the deliberations of the collegium with respect to each person recommended for elevation by the High Court. Besides, they also make reference to the opinions of other Supreme Court Judges familiar with the functioning of the High Court as well as record the remarks of the Information Bureau on the candidate.

·        This kind of transparency needs to be extended to criterias set by the Collegium (besides seniority) that forms the basis of appointment of judges to High court and Supreme Court.

·        A dedicated tab in the Supreme Court’s website which contains the analysis of merits of recommended judges need to be uploaded, and citizens opinion on the merits of judges need to be taken; as this can act one of the crucial factors in recommending the appointment of judges in Supreme and High court.

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