A wrangle between Executive and Judiciary over judicial appointments hampers entry to justice. Discuss the issues involved in the appointment procedure and suggest what needs to be done.
- December 13, 2019
- Posted by: Insights Editor
- Category: INSIGHTS
Topic: Important aspects of governance, transparency and accountability, e-governance applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures.
3. A wrangle between Executive and Judiciary over judicial appointments hampers entry to justice. Discuss the issues involved in the appointment procedure and suggest what needs to be done. (250 Words)
The question is based on the Important aspects of governance and tends to evaluate the wrangle between Executive and Judiciary over judicial appointments.
Key demand of the question:
One must discuss the ongoing wrangle between Executive and Judiciary over judicial appointments and in what way it hampers justice delivery.
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer:
In a judicial order, the Supreme Court has said that two hundred and thirteen names recommended for appointment to various High Courts are pending with the government/Supreme Court Collegium.
Start by explaining the order – The order states that at least the names on which the Supreme Court Collegium, the High Courts and the governments had agreed upon should be appointed within six months.
It emphasized that the appointments required a continuous, collaborative and integrated process, where the government is an important consultee.
The order is significant, coming at a time when inordinate delays in the appointment of High Court judges and depleting numbers in the higher judiciary threaten to affect the justice delivery mechanism.
Explain how the system works. Discuss why there is delay in the system.
Conclude that Vacancies in the higher judiciary threaten every aspect of the justice delivery system, the government may disrupt the process through delays, but it is for the court to take an increasingly firm hand to ensure that the collegium system that it fought so hard to protect, despite flaws, actually functions effectively.
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