Topic: Structure, organization and functioning of the Executive and the Judiciary
Q4. What are the systemic flaws in the current Collegium-based judicial appointments process? How have recent judicial controversies revealed structural opacity and ethical lapses? Evaluate how an Indian Judicial Service can address these issues. (15 M)
Difficulty Level: Medium
Reference: TH
Why the question:
Recent judicial controversies involving High Court judges and revival of the Indian Judicial Service (IJS) debate have brought urgent attention to the need for transparent, accountable, and merit-based judicial appointments.Key Demand of the question:
The question requires examination of structural flaws in the Collegium system, linking them with recent controversies, and assessing the feasibility and effectiveness of the Indian Judicial Service as a reform model.Structure of the Answer:
Introduction:
Introduce with the critical role of judicial legitimacy in a constitutional democracy and mention recent developments prompting debate.Body:
- Systemic flaws in Collegium: Briefly highlight issues like opacity, nepotism, lack of accountability, and federal tension.
- Revelation through controversies: Use examples to show how recent events exposed ethical and structural gaps.
- Evaluation of IJS as a solution: Discuss how IJS could address transparency, representation, and post-selection oversight while noting key implementation challenges.
Conclusion:
Conclude with a balanced outlook suggesting that institutional independence must evolve alongside democratic accountability.
