{"id":216729,"date":"2022-12-01T19:43:40","date_gmt":"2022-12-01T14:13:40","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=216729"},"modified":"2022-12-02T07:45:25","modified_gmt":"2022-12-02T02:15:25","slug":"unseemly-conflict-governments-diatribe-does-not-resolve-conflict-over-judicial-appointments","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/unseemly-conflict-governments-diatribe-does-not-resolve-conflict-over-judicial-appointments\/","title":{"rendered":"Unseemly conflict – Government\u2019s diatribe does not resolve conflict over judicial appointments"},"content":{"rendered":"\n

Source<\/strong>: The post is based on the following articles<\/p>\n

\u201cUnseemly conflict – Government\u2019s diatribe does not resolve conflict over judicial appointments\u201d <\/strong>published in The Hindu <\/b>on\u00a01st<\/sup>\u00a0November 2022<\/strong>.<\/p>\n

\u201cOrder, Order – NJAC better than collegium\u201d <\/strong>published in The Times of India <\/b>on\u00a01st<\/sup>\u00a0November 2022<\/strong>.<\/p>\n

Syllabus<\/strong>: GS \u2013 2: Structure, organization and functioning of the Executive and the Judiciary.<\/p>\n

Relevance<\/strong>: About the conflicts on the functioning of the judiciary.<\/p>\n

News<\/strong>: Recently, the government returned 20 names proposed by the Supreme Court collegium for judicial appointments. Among them, ten names were reiterated after being returned earlier<\/p>\n

What are the major challenges hampering the functioning of the judiciary?<\/h5>\n

One<\/strong>, Union Law Minister is targeting the Collegium system with its inherent challenges<\/a><\/strong>. The collegium is a demonstrably poor system where the individual biases of judges can affect who gets selected or dropped and there\u2019s too much opacity in its ways of functioning.<\/p>\n

The second<\/strong> is the Government\u2019s strategy of delaying appointments recommended by the Collegium is seen as a counterblast to its loss of primacy in the matter. For instance, a\u00a0Supreme Court Bench questioned whether Government’s inaction is a retaliation against the Court as it did not permit the implementation of the National Judicial<\/strong> Appointments Commission<\/strong><\/a>.<\/p>\n

Third<\/strong>, the Government is also violating the prevailing legal position<\/strong> that a recommendation reiterated by the Collegium, after due consideration of its objections, is binding on it.<\/p>\n\n\n\n
Read more: Revive NJAC: The collegium system ultimately hurts the judiciary\u2019s credibility. Parliament\u2019s idea was better<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
What are the implications of the conflicts on the functioning of the judiciary?<\/h5>\n

Withdrawal of eminent lawyers<\/strong>: The uncertainty over the fate of a recommendation for appointment is resulting in eminent lawyers withdrawing their consent or declining invitations to join the Bench. This is a tragic waste of judicial talent.<\/p>\n

Favours government-chosen candidates<\/strong>: The Government ignoring the reiterations results in the Government having a particular candidate in the position. In future, they might support the government in judgements.<\/p>\n

Widen the rift between the government and the judiciary<\/strong>: In counter-retaliation, the judiciary might hold a major verdict that may go against the Government. This will in turn be portrayed by the political leadership as stemming from the hostility of the judiciary.<\/p>\n

Above all, litigants will face collateral damage\u00a0<\/strong>in the fight between judiciary and the government.<\/p>\n\n\n\n
Read more:\u00a0A better NJAC: Politicians are right on the collegium. But can their solution rise above politics, that\u2019s the question<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
What should be done to ensure the smooth functioning of the judiciary?<\/h5>\n

Every week there are high court judges retiring and vacancies are growing. Existing judges can dispose of more cases. But they cannot make amends for vacancies.<\/p>\n

Only if the two sides are willing to address each other\u2019s concerns, the relations between the judiciary and the executive will be back on track. This can be done by<\/p>\n

a)<\/strong> The Government clearing the pending recommendations<\/strong>, b)<\/strong> The judiciary must agree to a process of reforms<\/strong> in the way the Collegium functions. The judiciary should expand the range of consultation and widen the zone of consideration, c) <\/strong>The Government must bring a new constitutional mechanism to make appointments<\/strong> without undermining judicial authority. For instance, The Centre can unveil a new NJAC after consultation with political parties and SC, which is acceptable to all sides, d)<\/strong> The judiciary must make public criteria used to select judges<\/strong>, like assessments of judgments written or cases argued.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the following articles \u201cUnseemly conflict – Government\u2019s diatribe does not resolve conflict over judicial appointments\u201d published in The Hindu on\u00a01st\u00a0November 2022. \u201cOrder, Order – NJAC better than collegium\u201d published in The Times of India on\u00a01st\u00a0November 2022. Syllabus: GS \u2013 2: Structure, organization and functioning of the Executive and the… Continue reading Unseemly conflict – Government\u2019s diatribe does not resolve conflict over judicial appointments<\/span><\/a><\/p>\n","protected":false},"author":10311,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10498],"class_list":["post-216729","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1701279018},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/216729","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10311"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=216729"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/216729\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=216729"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=216729"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=216729"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}