There needs to be a better, broad-based and transparent method of appointing senior judges to the High Courts and the Supreme Court. Examine.

Topic: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government;

3. There needs to be a better, broad-based and transparent method of appointing senior judges to the High Courts and the Supreme Court. Examine. (250 words)

Difficulty level: Moderate

Reference: The HinduInsights on India

Why the question:

Once again the collegium of the Supreme Court of India is in the news, and once again for the wrong reasons. This time, it is because of the difficulty that its five judges have in getting together for one meeting.

Key Demand of the question:

To write about the process of selection of SC and HC and evolution of the process of the appointment of Judges to the SC and the reforms that are needed to the existing collegium system.

Directive word: 

Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.

Structure of the answer:

Introduction: 

Begin by giving context of collegium system.

Body:

Frist, show evolution of appointment process. Mention, in brief, the three judges’ cases and NJAC act, 2014.

Next, write about the reasons which call for reforms to the existing collegium system. Opaqueness, lack of accountability, lack of representation from weaker sections, slow pace of appointments and lack of public faith etc.

Suggest reforms to overcome the above issues that are affecting the collegium system.

Conclusion:

Conclude by writing a way forward.