Working to Lay Down Objective Criteria to Pick SC Judges
Image Source: Outklook India
The SC Collegium has gathered information on the top 50 judges in the nation who will be considered for future appointments to the Supreme Court, CJI D. Y. Chandrachud said on Friday, stressing the importance of institutionalizing the system of appointing judges by establishing objective criteria.
Justice Chandrachud agreed that the collegium’s lack of access to factual information to evaluate the applicants under consideration for appointments was one of its main grievances.
Justice Chandrachud recognized, in his remarks at the Centenary Ram Jethmalani Memorial Lecture, that one of the main concerns of the collegium concerned the lack of factual information available to it to assess applicants being evaluated for posts. “I want to outline some of the actions we took. We’re still working on it, but we’re getting better. We prepared a thorough platform where we evaluated the top 50 judges in the nation who would be considered for appointment to the Supreme Court with the support of the Centre of Research & Planning (CRP),” stated the CJI.
Justice Chandrachud emphasized that the collegium, which consists of the top five judges in the Supreme Court, now has access to information about the judges, their decisions, and the standard of those decisions.
“The goal is to increase transparency in the process of recommending Supreme Court nominees… Not by broadcasting our conversations to the general public, which is not possible. But by prescribing objective criteria for the Supreme Court’s selection,” he remarked.
He remarked: “One of the main advantages of institutionalizing the courts is that it promotes transparency and accountability. I have made it clear that my priority as CJI has been to institutionalize the courts and move away from an ad hoc manner of operation. Too frequently, people present their ideas only to forget about them once the next person takes over. Court institutionalization improves accountability and openness.”
The CJI asserts that institutionalization improves openness and humanizes the workplace. “Employees can set obstacles between work and domestic and work more efficiently… Change isn’t always continually smooth.” However, he continued that the improvement of the justice delivery system justifies the modification.
Justice Chandrachud mentioned in his remarks the steps the Supreme Court made to maintain efficiency throughout the COVID-19 epidemic. “We have added electronic case filing, urgent list submission, and so forth. Along with lowering obstacles to court access, I also aim to make petitioning and arguing in court simpler. My goal is to increase the proportion of women attorneys. My main concern is making sure that plaintiffs and attorneys have a comfortable place to rest while attending court. Only with such a comprehensive strategy could the quality of justice delivery be improved in every sense,” he claimed.
The CJI expressed his admiration for the late Jethmalani, an accomplished lawyer, and a former Union minister, saying that Jethmalani’s legacy continues not just because of his unmatched command of the law but also because of his unrelenting pursuit of justice using legal and constitutional means.
“He changed into a luminary who made a profound and lasting contribution to the prison career,” he added. He was genuinely concerned about the injustices meted out to the average person and recognized the profound disparities that afflicted the community.
Speaking at the occasion, former Chief Justice of India Dipak Misra emphasized how the basic structure theory stabilizes constitutional administration and the rule of law. His topic was “Has the Basic Structure Doctrine Served the Nation Well?” “Let it be known that it is intended to combat anarchy today. It has essentially served as a navigational compass for judges as they have interpreted the Constitution and directed their conduct,” he claimed.
The fundamental structure theory was developed by the landmark Kesavananda Bharati Case ruling in 1973, which stated that while Parliament may amend any provision of the Constitution, it may not alter the Constitution’s fundamental design, which serves as a check on both the executive and legislative powers of the government.
As he announced involving CRP, the top court’s internal think tank, in the process of preparing a list of likely candidates for upcoming appointments, CJI Chandrachud had stated in April that there could not be any justification for the collegium to keep even one vacancy in the Supreme Court unfilled.
He said that CRP has now been given the responsibility of helping the top court’s permanent secretariat with several facets of judicial appointments, such as information gathering, record creation, and presentation to the collegium. According to the CJI, CRP has been instructed to compile information on the top 50 judges in the nation for use in selecting future Supreme Court justices.
Three months after the Union government wrote to Justice Chandrachud expressing the need for a search-cum-evaluation committee (SEC) to bring more transparency and objectivity into the process of judicial appointments, the CJI announced in April that CRP would be included in the process of shortlisting candidates. The government’s January 6 letter has not received a response from the CJI or the collegium.
To improve the Supreme Court’s knowledge infrastructure, Ranjan Gogoi, who was then the Chief Justice, established CRP. In addition to conducting research, CRP is required to concentrate on outreach, which will include describing important Supreme Court decisions as well as their contributions to law and justice and the operation of courts.
Team Profile
Latest entries
Article30 September 2023Can RPF Personnel Be Treated As ‘Workman’ For Compensation Purposes? SC Decides
English30 September 2023High Court Expounds: The Statement of an Eyewitness Must Be Free from Blemish and Devoid of Any Ambiguity, Uncertainty, and Loopholes
News29 September 2023Radhasoami Satsang Bhawan: The High Court Directs to Maintain the Status Quo On Land in Agra until Oct 5- News28 September 2023Denying Child’s Affection to Other Spouse Cruelty: High Court
