MA

MEDHA ANANDAIR 13· 2023

Question 12GS2GS2

'Constitution envisages an independent judiciary, not insulated judiciary'. In the light of the given statement, discuss the issues associated with the appointment of judges in the higher judiciary and explore alternatives to the current system.

Open scan (p.29)

Main Body

While an independent judiciary leads to effective federalism, questions of our judiciary being insulated has been seen as a challenge for a long time. Independent judiciary: checks and balances, separation of power, Comits Exe. and Leg. Exec. Collegium system of appointmen (Art 124) - Isolated Judiciary NIJAC still declared ultra constitutional, but still considered. Untouched Court not if lack of checks and balances on judiciary. Issues in appointment of higher judiciary: (1) Collegium system remains opaque. SC chief in Swapnil Kumar case said that sunlight is the best disinfectant.

2Uncle Judge Syndrome - all judges come from a harmful family (highlighted in 2nd ARC) (3) Lack of diversity - only 12.5%, HC and 13% SC judges are women, leading to serious bias on judiciary. (4) Cases of Mistrust - when Justice H.R. Khanna warrant made C131 due to his ADM Jabal Pur case, it casted serious doubts on integrity of other judges (5) Minutes of Meetings of collegium are not made public. (6) Insensitive judgements like trying Rakhi on sexual harasses cast serious doubts on selective process. (4) Deviants like Justice Kamaani, raises demand for requirement of rechecking selective process

Alternatives to current system: (1) Release Minutes of the meeting of collegium. (2) Apply RTI rules on judges. (3) Make judges accountable for 5-core prudency in cases. (4) Lokpal should have power over judges (5) NJAC can be remodelled and brought up again. (6) Memoranda of Procedure to be made enforceable (7) Use the aiming of judgements (8) Prevent use of archaic terms like 'Your Lordship', 'My Lord'. It is a democracy, no one should use such terms. (9) Contempt of court should be codified

276 words1 paragraphs

Conclusion

Thus, Judiciary is the Ughouse of Indian democracy and its effective functioning is of utmost importance

16 words

Topper

MEDHA ANAND

AIR 132023

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Judiciary

Independent judiciary and appointment mechanisms

Writing Stats

292

Total words

1

Paragraphs