- 10% Quota for general category
- NITI Aayog proposes all India Judicial Service Examination
- CAG Report on government spending
- Need for Citizenship (Amendment) Bill
- Clause 6 of Assam accord : indepth analysis
- Collegium system for appointment of judges
- Fear of Executive Courts
- Tamilnadu Reservation Policy
Governance & Social Justice
- Bhasha Sangam Program : Celebration of Linguistic Diversity
- Cabinet approves revision in list of scheduled tribes of Arunachal Pradesh
- Does India need a coal commission?
- Concerns in Ayushman Bharat
- Depression at workplaces : A major health issue in India
- How to bridge Gender gap in India : Mckinsey Global Institute Report
- Government plans to rename Indian Forest Service
- IGOT Program for Competent Civil Services
- Indian Medical Council Amendment Bill 2018
- National Commission for Indian Systems of Medicine and Homoeopathy
- Government bats for National Medical Devices Promotion Council
- Parental consent for vaccination
- India Signs Agreement with OECD for PISA 2021
- Kerala’s wall of resistance
- Should an IAS officer use Social Media?
- Social media addiction
- Legal Status for SSC
- Tripal Talaq Bill 2018
- Web Wonder Women Campaign by Ministry of WCD
- West Bengal Leaves Ayushman Bharat : In-depth Analysis
- Why Asian Infrastructure Investment Bank Is Important For India
- What Is The Asia Reassurance Initiative Act
- E-Passport for Indians
- What Is G-77
- Failed Coup In Gabon
- Bagladesh Election
- Powering South Asian Integration
- ISRO’S New Station In Bhutan
- Kenya Replace Pictures Of Leaders on Coins With Animal
- Macedonia Name Change
- Why Norway Is Important For India
- Why India Need Membership Of NSG
- Pakistan Declared A Hindu Temple A Heritage Site
- Raisina Dialogue 2019
- India’s Republic Day Guest
- India To Take Over Sittwe Port Operation In Myanmar
- U.S. Mexico Border
- US Government Shutdown
- US Venezuela Crisis
- What is Angel Investment?
- Byorung Bridge
- India’s Airport Privatization Plan
- Rationalisation of GST Rates
- 1st Advance Estimates of Economic Growth by CSO
- Democracy Index 2018
- E-DRISHTI Software by Ministry of Railways
- What is GAFA tax
- Ganga Expressway to be Built in UP
- Green-Ag Project launched by India with UN FAO
- Issue of Tax Evasion under GST
- Improvements under GST Regime
- ICAT Certification for Automobilies
- What is Indian Bridge management System?
- Draft Information Technology Amendmenet Rules 2018
- Jamrani multipurpose DAM Project
- What is KALIA Scheme?
- MANDAL DAM
- Mega Merger!
- MSP for minor forest produce
- NITI Aayog suggestions on farm Economy
- India’s first vertical-lift Bridge
- Paradip Hyderabad pipeline
- Measures to address issues in Sugar industry
- Capital infusion in PSBs
- Renukaji dam
- PM Modi inaugrates Rice Research Institute
- Section 74 of the insolvency and Bankruptcy Code
- Social & Environmental Cost of Building dams
- Solar feeder Maharashtra model
- RBI Tokenisation
- Sikkim-Universal basic income
- Global Risks Report 2019
Science & Technology
- Why Beech Trees Dying
- Beat Plastic Pollution Resolve by India
- Why USA Is Killings California Sea Lions
- Carbon Tax
- China’s War On Particulate Air Pollution Is Causing More Serve Ozone Pollution
- CITES Washington Convention
- Coastal Regulation Zone
- Melting Ice Sheets And Release Of methane
- National Clean Air Programme Feature &Critical Analysis
- Oceans Are Heating Up 40% Faster Than Previous Estimates
- Revival Of Iran’s Lake Urmia
- India submitted sixth national report to Convention on Biological Diversity
- How Wild Fire Affect crop and vegetation Production
- NITI Aayog’s SDG Index
Spice of the Month
- GS 2|| Polity || Judiciary || Judicial Reforms
Why in News?
- The Supreme Court collegium scrapped its own decision it took previously to appoint two judges and has made fresh appointments.
Appointments of Two Judges
- The new collegium has decided to appoint two judges against the concerns of the older collegium.
- The apex court is presently has 26 judges as the sanctioned strength of 31, leaving five clear vacancies.
- Last month, the Supreme Court had recommended the promotion of
Justice PradeepNandrajog, the Chief Justice of Rajasthan High Court and
Justice RajendraMenon, the Chief Justice of Delhi High Court.
- A new collegium on January 10, which was formed after Justice MadanLokur retired, decided to promote
Justice Maheshwari and Justice Khanna as SC judges.
- Thus, the collegium revisited its decision made at an earlier meeting.
- The elevation was made questionable, since it was criticized that the elevation has been done ignoring 32 more senior judges.
- The allegation is not merely one concerning the seniority of the two appointees.
- It is the much graver charge of arbitrarily revoking a decision that was made last month.
Change of the Collegium
- The official reasons are in the public domain in the form of a resolution.
- It claims that even though some decisions were made last month, the required consultations could not be undertaken and completed in view of the winter vacation.
- When the collegium met again this month, its composition had changed following the retirement of Justice Madan B. Lokur.
- Hence, it was decided that it would be appropriate to have a fresh look at the matter, as well as the additional material.
- The collegium made a claim that new material had surfaced on the process which has made the names of the two persons to be left out from the current list.
- However, it is not clear what the material is and how it affected their suitability.
- This lack of clarity shines a spotlight on the opaque collegium system of appointments in the higher judiciary.
Aspects in the Appointments
- Ground:It is not clear whether the retirement of one judge shall be a ground to withdraw a considered decision, even if some consultations were incomplete.
- Criterion:It is now widely accepted that seniority cannot be the sole criterion for elevation to the Supreme Court.
- Transperancy: The fact that there are three other judges senior to Justice Khanna in the Delhi High Court itself, two of them serving elsewhere as chief justices, is bound to cause some misgivings.
- Credibility: of the collegium system has once again been called into question.
- Accountability:he Collegium system is stillnot accountable to any other authority.
- The process for the appointment of judges lies at the heart of an independent judiciary.
- The Second Judges’ case of 1993 led to the formation of a collegium of high-ranking judges which has since then identifying persons for appointment to the SC and high courts.
- Collegium began with a desire for judicial independence, the recent collegium appointments show that it is not transparent.
- The lack of a written manual for functioning, the absence of selection criteria, the arbitrary reversal of decisions already taken and the selective publication of records of meetings shows that the Collegium is getting opaque.
- Also, the higher judiciary has exempted itself from the Right to Information Act.
- India needs to restore the credibility of the higher judiciary by making the process of the appointing judges transparent and the collegium must also open its proceedings to the public.
- Critically analyze the persons of selection of the SC judges in India. Suggest measures to prevent the executives’ unnecessary intervention into the judiciary.