{"id":223174,"date":"2023-01-19T20:15:27","date_gmt":"2023-01-19T14:45:27","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=223174"},"modified":"2023-02-20T18:57:50","modified_gmt":"2023-02-20T13:27:50","slug":"check-do-not-cross-government-should-work-towards-systemic-reform-not-attack-the-judiciary","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/check-do-not-cross-government-should-work-towards-systemic-reform-not-attack-the-judiciary\/","title":{"rendered":"Check, do not cross \u2013 Government should work towards systemic reform; not attack the judiciary"},"content":{"rendered":"\n<p><strong>Source<\/strong>: The post is based on an article\u00a0\u201c<strong>Check, do not cross \u2013 Government should work towards systemic reform; not attack the judiciary\u201d published in <\/strong><strong>The Hindu <\/strong>on\u00a0<strong>19<sup>th<\/sup> January 2023<\/strong>.<\/p>\n<p><strong>Syllabus: GS 2 \u2013 Governance<\/strong><\/p>\n<h5><strong>Relevance: <\/strong><strong>issues associated with the Collegium system<\/strong><\/h5>\n<p><strong>News<\/strong>: The Union Law Minister Kiren Rijiju has written to the Chief Justice of India to request that the executive be given a role in the appointment process of judges, which now is being handled by a Collegium of judges.<\/p>\n<h2><strong>What are some demands of the central government asked in the letter?<\/strong><\/h2>\n<p>As per the report, the Minister wants the formation of a <strong>search-and-evaluation committee<\/strong>, with Government representatives. It will suggest names to the collegiums in the High Courts and the Supreme Court for appointments.<\/p>\n<p>Government is also demanding for a representative of the Union government in the Supreme Court collegium, and a state government\u2019s representative in the High Court collegiums.<\/p>\n<p>Moreover, the Law Minister has repeatedly been highlighting the flaws of the collegium system.<\/p>\n<h2><strong>What has been the stand of court regarding the demand of the government?<\/strong><\/h2>\n<p>The Court has earlier said that <strong>the government at any time can come up with law<\/strong> which is more transparent, independent and establishes a neutral mechanism in the appointment of judges and which does not affect the independence of the judiciary.<\/p>\n<p>Till a new law comes, the government has to abide by the law of the land, that is, the present system of appointments through the Collegium.<\/p>\n<h2><strong>What can be the course of action?<\/strong><\/h2>\n<p>The government has often tried to delay the appointment of judges by deliberately delaying action on recommendations; ignoring reiterated names even after multiple reconsiderations; and carrying on a campaign to delegitimise the institution.<\/p>\n<p>However, this is not acceptable as each and every democratic institution has its boundary and limitation under which it functions.<\/p>\n<p>Therefore, a <strong>system of checks and balances<\/strong> that prevents any one branch gaining the upper hand is essential for democratic functioning.<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Source: The post is based on an article\u00a0\u201cCheck, do not cross \u2013 Government should work towards systemic reform; not attack the judiciary\u201d published in The Hindu on\u00a019th January 2023. Syllabus: GS 2 \u2013 Governance Relevance: issues associated with the Collegium system News: The Union Law Minister Kiren Rijiju has written to the Chief Justice of&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/check-do-not-cross-government-should-work-towards-systemic-reform-not-attack-the-judiciary\/\">Continue reading <span class=\"screen-reader-text\">Check, do not cross \u2013 Government should work towards systemic reform; not attack the judiciary<\/span><\/a><\/p>\n","protected":false},"author":10320,"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-223174","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":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/223174","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\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=223174"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/223174\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=223174"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=223174"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=223174"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}