SM

Srishti MishraAIR 95· 2023

Question 12discuss the issues with the appointment of judges in the higher judiciary and explore alternatives to the current systemGS2GS2

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

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Answer

Introduction

As part of the democratic system of governance, the judiciary is one of the pillars of the democratic republic. However, its independence does not translate to complete non-interference as it is a need for checks and balances.

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Main Body

As part of the democratic system of governance, the judiciary is one of the pillars of the democratic republic. However, its independence does not translate to complete non-interference as it is a need for checks and balances. Given the appointment of Judges: (1) Transparent process of appointment - the collegium system consists of 5 judges, BCCI and 4 seniormost that appoint nominees Judges to SC/HCs through an unknown process. (2) Possibility of bias and favoritism taking the place of merit-based promotion.

3Inadequate representation of women in higher judiciary - eg, only 3 SC Judges are female, while time is yet to be a female CJI in India. (4) Biased allocation process is also arbitrary - no legal process is followed. CJI is next. (5) overburdened judiciary and high case of absenteeism and vacancies. Measures to the collegium system: i The amendment had introduced the National Judicial Appointnde Commission (council diem by 99th CAA) as a means of making judicial appointments more transparent. → This can be brought back with reduced executive/legislative role to create a balanced one.
2Improved Commission recommendation: All India Judicial Service on the lines of Civil Services for merit-based recruitment. (3) Reduced use of sealed cover jurisprudence in transfer/demotion cases to ensure transparency. (4) Call for lateral entry into judiciary at state & HC levels. (5) General Judges' Bench to enhance representativeness of their recruitment, CJI organized an all-women team to mansplain bias.
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Conclusion

Thus, Indian judiciary needs to be subject to the same checks & balances that it ensures to create a balanced democratic governed.

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Page 29

Topper

Srishti Mishra

AIR 952023

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Judiciary

Judicial independence and appointment mechanisms

Writing Stats

297

Total words

1

Paragraphs

analytical

Tone