Collegium System and Judicial Appointments in India

The recent Justice Yashwant Varma case highlights significant issues within the Indian judiciary, particularly in the context of judicial appointments and the independence of the judiciary.

Justice Yashwant Varma Case

• An accidental fire at Justice Varma's official bungalow led to the discovery of burnt high-value currency notes.
• A video of the incident was recorded, leading to a public outcry and a subsequent inquiry by the Collegium.
• The Chief Justice of India (CJI) took steps for transparency, including releasing a video and advising that Justice Varma should not be assigned any judicial work pending the inquiry.
• The inquiry involves a three-judge committee to investigate the matter.

Government Interference in Judicial Appointments

The incident has reignited debates over government control in judicial appointments, notably through the National Judicial Appointments Commission (NJAC) Act.

• The NJAC Act, struck down for violating the Constitution's basic structure, would have allowed significant government influence in judicial appointments.
• Despite this, the government has continued to interfere with judicial appointments, often delaying or refusing to notify appointments recommended by the Collegium.

Criticisms of the Collegium System

The Collegium system, while intended to ensure judicial independence, has been criticized for lack of transparency and objective selection criteria.

• Sitting judges are burdened with judicial work, hindering their ability to effectively manage the selection process for hundreds of judges annually.
• This has led to nepotism and improper appointments within the judiciary.

Proposed Solutions

To address these issues, reforms have been suggested:

• A full-time Judicial Appointments Commission composed of retired judges and eminent public figures, independent of the government, for transparent and unbiased selection.
• Addressing judicial corruption through a Judicial Complaints Commission, independent of both the government and judiciary, to handle allegations against judges.

Conclusion

While the collegium system is not without flaws, increased government control is not the solution. A reformed system that maintains judicial independence while ensuring transparency and accountability is crucial.