Institutional Tension
Tension between the government and judiciary continues over Supreme Court collegium recommendations, with significant delays in judicial appointments drawing criticism from legal circles and raising questions about judicial independence.
The Collegium System
How judges are appointed:
Current Framework
| Element | Process |
|---|---|
| Collegium | CJI + 4 senior judges |
| Recommendation | Names sent to government |
| Government | Can raise objections |
| Final say | Collegium on reiteration |
Pending Appointments
Current delays:
Status
| Level | Vacancies |
|---|---|
| Supreme Court | Multiple |
| High Courts | 400+ |
| Pending names | Numerous |
| Wait period | Extended |
Government Concerns
Executive objections:
Issues Raised
| Concern | Allegation |
|---|---|
| Selection process | Not transparent |
| Criteria | Unclear merit assessment |
| Diversity | Regional, community |
| Accountability | None for selection |
Judiciary Position
Collegium defense:
Arguments
| Point | Claim |
|---|---|
| Independence | Essential for separation |
| Quality | Merit-based selection |
| History | Executive interference prevented |
| Constitutional | Evolved interpretation |
Notable Cases
Specific controversies:
Examples
| Instance | Issue |
|---|---|
| Names returned | Multiple times |
| Long delays | Months/years |
| Controversial picks | Objections raised |
| Reiteration | Sometimes ignored |
NJAC Aftermath
Post-2015 dynamics:
Context
| Event | Outcome |
|---|---|
| NJAC passed | 2014 |
| SC struck down | 2015 |
| Collegium restored | With modifications |
| Tension | Continuous since |
CJI's Observations
Chief Justice statements:
Recent Comments
- Delays affecting justice delivery
- Cooperation needed
- Independence essential
- System working despite tension
Bar Association Views
Legal community:
Positions
| Body | Stance |
|---|---|
| SCBA | Concerned about delays |
| BCI | Faster appointments urged |
| State bars | Vacancy filling demanded |
Constitutional Debates
Reform discussions:
Options Debated
| Reform | Status |
|---|---|
| New NJAC | Politically difficult |
| Modified collegium | Discussion ongoing |
| Transparency measures | Some implemented |
Impact on Justice
System consequences:
Effects
| Issue | Impact |
|---|---|
| Case pendency | 5+ crore cases |
| Delay | Justice denied |
| Quality | Strain on judges |
| Access | Limited for citizens |
Looking Ahead
Resolution prospects:
Needs
- Constructive dialogue
- Faster processing
- Clear timelines
- Mutual respect
- Reform consensus
The collegium controversy reflects deeper questions about the balance between judicial independence and accountability in India's constitutional democracy.
