Government sitting on Collegium Recommendations Without Decision not a Democratic Process or Healthy Practice: Justice Chelameswar


Government sitting on Collegium Recommendations Without Decision not a Democratic Process or Healthy Practice: Justice Chelameswar

SUMMARY

• While speaking at a webinar on the topic ‘Accountability and Transparency in Judicial Appointments: Need for Institutional Mechanisms’, Justice Chelameswar expressed his view regarding the approach of the Government for judicial appointments.

• Talking on the Government’s objection to the Collegium’s recommendations he said that “If the Government has concrete and legal tenable material to object to a recommendation, they have a right to object and discuss with the Chief Justice.”

• However, he also condemned the practice of the Government of sitting over collegium recommendations.

• He opined that “simply not deciding anything- sitting on the matter without clearing the recommendation, is certainly not a democratic process nor is it a healthy practice”. 

INCREASING VACANCIES IN INDIA 

• In the year 2019, the Supreme Court had expressed concern over the increase of about 40% in the number of vacancies of High Court Judges. 

• If the Government keeps sitting over recommendations of the collegium, it would have a detrimental impact on judicial appointments.

• The Supreme Court had ordered the Government in 2019, to appoint judges according to recommendation of the Supreme Court collegium within 6 months.

DO YOU THINK THAT THE GOVERNMENT SHOULD DO AWAY WITH SUCH PRACTICES GIVEN THE FACT THAT THE NUMBER OF VACANCIES IN INCREASING?

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