The Supreme Court Collegium: A Debate on Transparency, Seniority, and Judicial Accountability UPSC NOTE

The Supreme Court Collegium: A Debate on Transparency, Seniority, and Judicial Accountability

Prelims: Indian Polity and Governance (Judiciary - Supreme Court, High Courts, Appointment of Judges, Collegium System, NJAC).
Mains:

General Studies Paper 2: Structure, organization and functioning of the Executive and the Judiciary; Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies; Separation of powers.

Justice B.V. Nagarathna's 4:1 dissent against the Supreme Court Collegium's decision to elevate Justice Vipul Manubhai Pancholi to the Supreme Court has sparked significant debate.
This incident questions the credibility and transparency of the Collegium system.
Justice Nagarathna's note states that Justice Pancholi's elevation disregards established criteria such as seniority, regional representation, and gender diversity.
She also demanded that the Collegium reconsider the "serious concerns" that led to Justice Pancholi's transfer from Gujarat to the Patna High Court in 2023.
It is also alleged that the Collegium itself violated the procedure it established for the appointment of judges.

Justice Nagarathna's dissent is significant, as she is likely to become India's first woman Chief Justice of India in 2027.

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