The Collegium and the 'Culture of Justification': A Crisis of Transparency in Judicial Appointments
UPSC Relevance
Prelims: Indian Polity and Governance (Judiciary - Supreme Court, Appointment of Judges, Collegium System, NJAC).
Mains:
General Studies Paper 2 (Polity & Governance): Structure, organization and functioning of the Judiciary; Appointment to various Constitutional posts; Separation of powers; Important aspects of governance, transparency and accountability.
General Studies Paper 4 (Ethics): Accountability, transparency, and probity in governance.
Key Highlights from the News
The article strongly criticizes the Supreme Court Collegium for not adhering to the "culture of justification" principle in judicial appointments. This principle requires clear justification for all exercises of public authority by the government.
Justice B.V. Nagarathna's recent dissent not being officially recorded in the Collegium's resolution, and only coming out through the media, is the latest example of this lack of transparency.
The Collegium system for appointing judges was formed through Supreme Court judgments and is often criticized for its secret nature.
The author argues that justifications for the Collegium's secrecy (e.g., protecting candidates' reputation, preventing political pressure) are weak. Other democratic countries like the UK and South Africa have more transparent systems.
In a democracy, the judiciary's role is to protect fundamental rights from majoritarianism. To maintain this role, the judicial appointment process itself must adhere to high standards of accountability and transparency.
The article warns that if the Collegium is not ready for reform, it will weaken the judiciary's institutional legitimacy.
COMMENTS