In the context of judicial independence, the functioning of collegium system needs to be transformed to restore the credibility in Indian Judiciary. Critically analyse.(200 Words)
Refer - The Hindu
Enrich the answer from other sources, if the question demands.
musabbir 5 years
kindly review Sir.
IAS Parliament 5 years
Good answer. Try to stick to word limit. Keep Writing.
IAS Parliament 5 years
KEY POINTS
Positives of collegium
· It assures, that judiciary should separate from executive as mentioned in directive principles of state policy under article 50.
· It is made up of senior judges, so good quality judges are appointed.
· It prohibits to political interference because of judicial independence mentioned in the constitution.
· It gives importance to experience ,administrative and judicial vision.
· Nominated judges will work without favour of government.
· Quality is maintained in selection as the judges are appointed based on their criterion.
Recently modifying its recommendation concerning transfer of a judge the Supreme Court Collegium appears to have succumbed to pressure from the Union government.
The government did not act on the recommendation for months, raising the suspicion that it was blocking his appointment. Under the current procedure, the Collegium may reconsider a recommendation, but the government is bound to implement a decision that is reiterated.
Criticisms of the collegium
· It is quite acceptable if the Collegium and the government resolve their differences through consultation and correspondence, but the final decision should not be opaque, mysterious and indicative of executive pressure.
· It is common to charge the Collegium with lack of transparency, but in this case, the government is equally guilty.
· The time may have come for the two sides to come up with fresh clauses in the existing procedure of appointments under which the Collegium’s decisions are implemented within a time-frame, and the government’s objections and reservations, if any, are made public.
· Memorandum of Understanding has to be signed between Union government and Judiciary for better transparency in collegium system.
· Only then can the credibility deficit be bridged. But, even so, what is indisputable is that the Collegium system is deeply flawed, and is in need of urgent remedy.
Hari 5 years
Kindly review.. Thank you
IAS Parliament 5 years
Try to cut short the introduction part and include about independence of judiciary, Memorandum of understanding etc. Keep Writing.
Jefy 5 years
Kindly Review.
Thank You !
IAS Parliament 5 years
Good attempt. Try to include about independence of judiciary, Memorandum of understanding etc. Keep Writing.
Harisindhan 5 years
Kindly review thank you
IAS Parliament 5 years
Functioning of Collegium system is not needed. Try to focus more on pros and cons. Keep Writing.
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