Can the inclusion of a search and selection committee with representatives of the government in the process of appointment of judges will act as a harbinger of transparency and efficiency in the appointments to higher judiciary? Critically comment. (250 words)

Topic: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

3. Can the inclusion of a search and selection committee with representatives of the government in the process of appointment of judges will act as a harbinger of transparency and efficiency in the appointments to higher judiciary? Critically comment. (250 words)

Difficulty level: Moderate

Reference: Indian Express

Why the question:

Underlining that the final decision to recommend judges will remain with the Collegium, the government on Thursday told Parliament that the search and selection committee it has suggested to the Chief Justice of India will only act as a “facilitator”.

Key Demand of the question:

To write about the role that the search and selection committee can play in judicial appointments.

Directive word: 

Critically comment – When asked to analyse, you must examine methodically the structure or nature of the topic by separating it into component parts and present them in a summary. When ‘comment’ is prefixed, we must express our knowledge and understanding of the issue and form an overall opinion thereupon.

Structure of the answer:

Introduction: 

Begin by giving context.

Body:

First, write about the issues in the current system of appointment of judges.

Next, write about the various measures taken by the government for reforming the existing collegium system and response of judiciary to it.

Next, write about the role that the search and selection committee can play in order to bring out more transparency and efficiency in the judicial appointment process. Write about its pros and cons.

Conclusion:

Conclude by writing a way forward.