SC collegium mulls radical reforms to end nepotism in Judges' appointment

There are reports that the collegium planning to change its mind on recommending close relatives of Supreme Court and High Court judges for HC judgeship. It is understood that the move was expedited minding the allegations of nepotism in the judiciary that often saw sons and relatives of the judges of the Supreme Court and High Courts getting recommended for the top spot.

A lawyer had pointed out in the Supreme Court during the hearing of the NJAC case that almost half of the high court judges in the country are relatives of sitting judges or retired judges. In this situation, the new move may also aim to provide more opportunities for first-generation lawyers to become judges.

One of the judges of the Supreme Court collegium put forward the idea that lawyers and judicial officers who are relatives of judges should not be recommended. Other judges of the collegium seconded this. But some eligible relatives of judges may also have to bear the brunt of the decision so it is advisable to bring in criteria before stepping in for the big change. Exempting children of sitting judges can be considered as an option. At the same time, it is not fair to ignore judicial officers, scion of former judges, who have proved their mettle in judgments and law.

The Supreme Court has cancelled the central government's decision to form a National Judicial Commission and appoint judges in a manner, akin to selecting IAS officers. The Supreme Court ordered that it is better to continue the existing collegium system to appoint judges. As judges are appointed by the President, the collegium can only make recommendations to the central government. The Collegium has also complained that the Center is delaying these recommendations due to various reasons.

Former Union Law Minister Kiren Rijiju, who vociferously criticised the collegium system ended up losing his position as the Law Minister. It is not uncommon for politicians to have an upper hand in the appointment of judges. It can’t be written off that if ministers take reign over judges’ appointments, it will be some scion of politicians who will sit in the apex court instead of eligible from the judicial family.

No one can forget the interventions made by Former PM Indira Gandhi and the then Law Minister and former judge HR Gokhale. This even led to the resignation of eminent judges from the Supreme Court. The appointment of judges should become transparent so as to not taint the judiciary system. The new decision to have the collegium meeting to assess high court judges before recommending them for consideration is a welcome move.

It is also advisable for the collegium to examine the court proceedings and previous work records of judges considered for promotion and advocates who intend to become judges. Judges are the guardians of the Constitution. Those having imperious work standards should sit in those chairs of power.