Constitution embodies an independent judiciary, not curb insulated judicial freedom. In the light of the given statement, Discuss the issues associated with the appointment of judges in the higher judiciary and Suggest alternatives to the current system.

Article 124(2) and Article 217 of Indian Constitution provides of appointment of judges to Supreme Court and High Court respectively. Appointment of judges: Mechanism: (1) In 2nd judges case Supreme Court created Collegium system for appointment of judges. (2) As per 3rd judges case: President has to consult Collegium of SC, HC (as the case may be) for appointment. This consultation is binding on president. (3) Collegium system: SC: CJI + 4 most senior judges. HC: CJ of HC + 2 most senior judge.

Issues associated: (1) Non transparent: The manner of selecting judges by collegium system is very secret. Minutes of the meetings are not disclosed. (2) Nepotism and favouritism: many criticise that it leads to favouring the near and dear ones. (3) Against Separation of Power: Supreme Court in 4th judges case struck down National Judicial Appointment Commission created by law to appoint judges. It is termed by many as judicial overreach. (4) Delays in appointment: Collegium system leads to tussle between government and judiciary which keeps the appointment pending for eg: 27% vacancy in H.C. (5) Vice President of India has termed collegium system as tyranny of unelected.

Alternatives: (1) National Judicial Appointment Commission NJAC has termed as tyranny of unelected. (2) Alternatives approach needs to be formulated by striking down NJAC from 4th judges case stuck down National Judicial Appointment Commission created by law to appoint judges. It is termed by many as judicial overreach. Also needs to be noted that a collegium system was created by judges themselves. Whether Government and judiciary which keeps the appointment pending for eg: 27% vacancy in H.C. (5) Vice President of India has termed collegium system as tyranny of unelected. Conclusion: Recommendation needed to have transparent collegium system, independent judiciary and transparent procedure can balance both objectives. So to have transparent mechanism like fixing the tenure for 5 years, non-political personality, consultation of state chief minister before selection etc. This consultation is binding on president. Thus collegium system should not be repealed should not be repealed because Separation of power and Checks and balances are core spirit of Constitution. The power of ordinance should be used as a last resort and not daily affairs.