Collegium to Collegium

Until recent time Judges were selected by a committee of six senior level Judges. That committee was called Collegium. There was much row over the style and manners in which this Collegium was doing its work. Many complains were about appointment of Judges by influence, based on caste, community, religion, regional preference, language and such many factors were caused for appointments. Whereas the expectation was that all appointments will be made on the basis of competency. During their period many incompetent people were selected and appointed as judges. Particularly from scheduled class many persons were appointed who were not capable of understanding their job. As a result quality of jurisdiction deteriorated further, that was the complain of many politicians. We see that from the very beginning politicians were against this arrangement. This Collegium frequently refused to oblige politicians and their suggestions were thrown into waste paper bins. This behaviour of Collegium members often irked politicians but while UPA remained as rulers they could not do anything about it because some members of that group were in favour of this Collegium arrangements.

Now things have changed. Parliament now belongs to one party, BJP; they can do whatever they want to do. And as expected they took the issue and passed the bill against Collegium. As per new arrangement this six member committee is replaced by a committee of politicians. Again if I am correct this new committee will also comprise of six members selected from politicians. Therefore, I say Collegium to Collegium. This new Collegium is made of politicians and so we expect future Judges will be out of favour of political parties. While BJP rules Judges suitable to their choice will get preference and those who are critical of them for patriotic reasons will be rejected. That means corruption will continue only the avenue will change. Same choices of caste, community, religion, regional preference, language and such many factors will be caused for appointments but this time it will be as per BJP choice. Over all quality of judiciary will remain similarly deteriorated but this time politicians will be in a better position to mould judgement as per their choice.

From national point of view and for we voters things are not going to be any better. I would like to give a suggestion here that this arrangement should not continue for the same reasons as for which previous arrangement is removed. A system where Judges will be selected to make this committee by advocates and other judges, who are not contesting for this appointment, should be arranged. My suggestion is that senior level judges who want to be selected for position in this new Collegium may stand for election and advocates and other members of judiciary such as judges, magistrates and other connected with process of giving justice will vote for them. From India's all regions, six in all, contestants will contest for the test and they will be elected by a democratic process of which we are well acquainted. In short Collegium should be elected by Judiciary community itself.

All responsibilities will remain same for that Collegium. Some senior level advocates have approved of this arrangement to avoid interference of political forces in working of Judiciary. Today we see many transfers of Judges are made at the request of high level politicians such as ministers even though Collegium of Judges is prevailing. If politicians become members of Collegium this corrupt practice will increase many folds. I hope Narendra Modi will take note of this suggestion and make necessary corrections in the newly formed Act. Since he has promised to destroy corruption he should avoid giving more power in the hands of politicians. If he fails in doing it his promise will not be fulfilled. His own, black sheep from NDA will not allow him to destroy corruption in Judiciary. I will not be surprised if a NDA politician gets clean chit in future, this will surely happen because hereafter all judges will be pro NDA.

My other suggestion is that, if such election of judges to Collegium by advocates is accepted, contesting Judges will not be able to promote them the way we see politicians do during election. Contesting Judges will provide all information about him/her that will show him/her to be suitable to contest for Collegium. In information he/she will include as small details as, 1) his/her marks at school leaving exam, 2) marks at intermediate exam, 3) marks at graduation level; this information will show his intellectual capacity. 4) How many cases he presented as an advocate, 5) how many he/she resolved successfully, 6) how many lost, 7) how many were settled otherwise; this information will show his/her capacity as law officer. 8) His/her caste, 9) community and pedigree and 10) religion; this will show his position in society. All information will be published in public domain so that all country will know the status of contestants; this to respect our democracy. From this information advocate and other voters will know them better. Since, they cannot propagate for their candidature we can avoid any corruption. To avoid any chance of corruption further, phones and mobiles of all contesting judges and their close persons will be tapped during those days until election is over. This will ensure total honesty. If any proof of canvassing is detected that contestant will be disqualified from the contest. I hope, Modi administration, who talks of good governance every time, will consider my suggestions.

If nothing, at least we should put up this alternative for open public discussion.

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