Suggestion on Appointment of Judges in India

Appointment of Chief Justice of India

Introduction:

Judges in India have been appointed by the collegium system, which is also known as the “Three tire judgement cases” and this includes the involvement of both the judiciary & executive for the appointment of Chief Justices of both High court (of respectable sated) & Supreme Court of India.

Proposing: Voting

Appointment of Chief Justice of Supreme Court of India & different High courts should be on the basis of the voting.

This may sound unregistrable but it can possible through the process section of only 4 senior-most judges of the respectable courts and then the voting for them to be conducted. Using off voting machines as we have for choosing Legislature of this nation.

How this will happen:

This will happen with the help of “Election Commission” & “Bar Council of India”. In case if there is any clash of authority or whose’s decision will prevail, vanish the vagueness from the rules itself. Like in case of any election-related matter then only “Election Commission” decision will prevail but in case of any Judicial decision or any legal issues then “Bar council” decision will prevail.

The Judges have no right to do campaigning or any kind of publicity. It will be like a normal health checkup, just to avoid hustle or violence or any kind of malpractices; or the most important “Continuance of Judiciary is crucial for the country and if Judges ended up doing a campaign or any other activity then there will be no difference between the politics and Judiciary”. Rather we need the difference because the Judiciary is where the common citizens of this Great Nation have faith that what “Executive” fails or silent ( maybe because of multiple reasons) then “Judiciary” will do; Rather Indian Judiciary have proved, which can be seen in multiple cases; which I don’t need to remind because if I do then for some it seems that I am biased by picking any side but rather I will prefer that Indian Constitution is Supreme and it should maintain it’s a feature like that.

READ  Mal-administartion of Kejriwal during COVID-19

NOTE: The election should be conducted in a way like the eligible (honourable & respectable Judges) doesn’t have any idea of what is going on because this way there would be least chances of any wrongful commitment/act.

Who will participate in voting:

Only the advocates and judges (who are not contesting election) will have the right to vote. No citizen is allowed to vote, the reason behind this is because the seat of Judge is an “honourable” & “respectable” post and common citizens have not full knowledge regarding the knowledge, experience or the nature and behaviour

of any judge. Even, the judges are not part of social life also (Bar council of India) guidelines. So, keeping in mind the common citizen should not be given the right to vote.

Positive points:

1). There will be transparency

2). The judges will be appointed on the basis of “Constitutional provision” like democratic manner and the no role of executive to interfere and many people doubts that the appointment is biased or there is the use of arbitrary power by the executive will be removed.

3). The supremacy of “Rule of law”

4). If there will be more than 4 or at least 4 judges, then contesting of an election. Which will not depict the chances of favouritism and the country have more options to choose who is best (which voters choose on their intellectual basis).

Negative Points:

1). There are chances of Malpractices

2). It might seem that This (Honourable & respectable) post of Judge or Judiciary might be in danger.

READ  Model code of conduct

3). A lot of money will be required to contest elections and that also at national or state level.

4). More human power is required from the very beginning of conducting elections to the counting of votes to the declaration of results.

Thank you
Yours sincerely
Yuvraj Ranolia
(Law student of 7 BA LLB at SLCU, Bengaluru, Karnataka, India)

Author: Yuvraj Ranolia,
School of Law, Christ (deemed to be) University, Bengaluru, Karnataka, India.

Leave a Comment