Recommended, reiterated, Rearranged: How the collegium lost its own prescription
We are still told that ‘judges appoint judges’ but it is better to say that judges recommend judges, and somebody else decides appointments.
In a government hospital, a panel of three senior doctors reviews a patient's prescription and dispenses medicines according to their discretion. The patient often receives only a portion of the prescribed treatment and waits for extended periods. This scenario reflects the current process for appointing judges in India, where judges recommend their successors, and the final decision is made by a different authority.
The Collegium, consisting of the Chief Justice of India and senior judges, recommends judges for appointment to higher courts. However, the process is plagued by delays, inconsistencies, and subjective factors, such as personal preferences of the pharmacists ( Ministry officials). The appointment process has been challenged in court, with the Supreme Court ruling that the NJAC (Judicial Appointments Commission) unconstitutional in 2015 due to concerns of judicial independence.
Despite this, the Collegium continues to face criticism for its opaque and inconsistent practices, resulting in significant delays and injustices for candidates seeking judicial appointments.
Written by urgent.news from Hindustan Times's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
