Mentor’s comment-
- https://indianexpress.com/
article/opinion/columns/why- the-collegium-system-while- the-best-for-judicial- appointments-needs-course- corrections-7447904/ - In the intro, mention the NJAC and striking down of the 99th Constitutional Amendment.
- In the body, introduce the collegium system and mention the issues with the collegium system such as lack of transparency, lack of prescribed norms, fear of nepotism and patronage, beyond interpretive jurisdiction etc. In the implications mention the threat to the trust in judiciary, impact on impartiality and principles of justice etc.
- Conclude by mentioning the need for changes in the system.
Comments
2 responses to “Q.2 ‘The collegium system for appointment of the judges is still the best, but it needs to weed out what is wrong in its actual working.’ In light of this, examine the issue with the collegium system and its implications for judiciary.(10 Marks)”
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Sehaj
Mention a bit about evolution of collegium system first, what is it, how it evolved etc. You can make a flowchart- starting with article 124- then 1st judges case (consultation didn’t imply concurrence)- 2nd judges case (collegium came into being- CJI and two senior-most SC judges)- 3rd judges case (expansion of collegium- CJI+4 senior judges). Then. you can mention about 4th judges case where primacy of collegium was upheld and NJAC held unconstitutional.
Challenges mentioned are good, you can give some examples if you are able to recall for e.g vacancies in courts. You can mention that it is undemocratic- India is the only country where judges appoint judges. Implications are fine.
In way forward, mention some steps that need to be taken, your way forward seems more like a conclusion. You can mention that there should be objective criteria of selection- such as transparency, eligibility criteria for judicial appointments, a permanent secretariat to assist the collegium, and a mechanism for complaints against candidates etc. Then conclude.
Keep practicing. 🙂