The Supreme Court has called for suggestions from the public on how the Collegium system can be improved to address concerns about the way Collegium System functioned in the past. The complaint about the Collegium System is that it lacks transparency, objectivity and accountability Since this Local Circle has over 2 lakh members it would be good if a White Paper is compiled based on suggestions of its members. It is believed that the Independence of the Judiciary is not undermined merely because there is participation from outside the Judiciary so long as no allegiance needs to be or is normally owed to the said participants.
My suggestions are as follows:
(1) The Collegium may consist of at least the same number of members from outside the Judiciary as inside the Judiciary. This will ensure that there is no club-like approach from within the Judiciary with domination from the Chief Justice whom the other Judicial members of Collegium may not normally like to oppose or object to. The Independence of Judiciary from the other organs may be ensured by excluding from membership of the Collegium representatives of both Executive and Legislature.
(2) The members from outside the Judiciary may be people who would have acquired the capability of evaluating candidates being considered by virtue of either watching the proceedings in the Courts presided over by the candidates or regularly reading the Judgements of the candidates. They may be from amongst Lawyers, the Academia and/or the Media.
(3) The process of selection should be set in motion with the criteria being specified and notified for selection in relation to issues like
(a)the No. of years of experience,
(b) the age-limit,
(c) whether a member of SC or ST is preferred,
(d) the minimum marks or grading secured in his or her appraisal,
(e) the minimum marks to be secured at an Interview to be conducted for the selection by the members of the Collegium
(f) the minimum ratio of the number of judgements
which stand without being overruled by a Higher Court out of the total Number of Judgements, issued.
(g) the number of vacancies to be filled up
(h) the time-limit within which the vacancies are to be filled up
(4) Applications may be invited from candidates who are eligible as per the said criteria
(5) At least two of the three members of the Collegium who are from outside the Judiciary should vote in favour of a candidate being considered for appointment as a Judge or transfer of a Judge. A majority of all the members should vote in favour of the candidate selected for the post of Judge or, in case of transfer, the name of the Judge and the place to which transfer is to be effected.
(6) The Chief Justice may not be a member of the Collegium, but may be Observer-cum-Moderator of the proceedings of the Collegium. This will ensure that, by virtue of his superior position in the Judiciary, he does not influence the other Judicial members of the Collegium. more
My suggestions are as follows:
(1) The Collegium may consist of at least the same number of members from outside the Judiciary as inside the Judiciary. This will ensure that there is no club-like approach from within the Judiciary with domination from the Chief Justice whom the other Judicial members of Collegium may not normally like to oppose or object to. The Independence of Judiciary from the other organs may be ensured by excluding from membership of the Collegium representatives of both Executive and Legislature.
(2) The members from outside the Judiciary may be people who would have acquired the capability of evaluating candidates being considered by virtue of either watching the proceedings in the Courts presided over by the candidates or regularly reading the Judgements of the candidates. They may be from amongst Lawyers, the Academia and/or the Media.
(3) The process of selection should be set in motion with the criteria being specified and notified for selection in relation to issues like
(a)the No. of years of experience,
(b) the age-limit,
(c) whether a member of SC or ST is preferred,
(d) the minimum marks or grading secured in his or her appraisal,
(e) the minimum marks to be secured at an Interview to be conducted for the selection by the members of the Collegium
(f) the minimum ratio of the number of judgements
which stand without being overruled by a Higher Court out of the total Number of Judgements, issued.
(g) the number of vacancies to be filled up
(h) the time-limit within which the vacancies are to be filled up
(4) Applications may be invited from candidates who are eligible as per the said criteria
(5) At least two of the three members of the Collegium who are from outside the Judiciary should vote in favour of a candidate being considered for appointment as a Judge or transfer of a Judge. A majority of all the members should vote in favour of the candidate selected for the post of Judge or, in case of transfer, the name of the Judge and the place to which transfer is to be effected.
(6) The Chief Justice may not be a member of the Collegium, but may be Observer-cum-Moderator of the proceedings of the Collegium. This will ensure that, by virtue of his superior position in the Judiciary, he does not influence the other Judicial members of the Collegium. more
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Commission to have a panel of high powered legal professionals ( if required employ top low firms or individuals from any over seas) in the selection committee. Here again after completion of evaluation of a candidates performance, he may be called for an on line appraisal by allotting code. This system, if implemented would minimize corruption and favoritism by the selection panel. This system should be employed in selection of CMD, Board Member, other Directors etc. for a PSU Bank etc. All selection should be on line by allotting code. This would kill selection of illegitimate candidates for any responsible seats. more
Dec 07
When the post of senior judges are required to be filled then two criteria to be considered 1) efficiency 2) integrity. There should clear information on how many cases and how effeciently those cases were resolved. What is the growth of their assets. This will create awareness and motivate all judges accordingly. Judges should not fear for the disclosure. more
Dec 06
Judicial commission which will conduct any inquiry must be time-bound. Commission will have to give decisive opinion on the core issue. Not only it must be legal in the eye of law but it must be practically feasible. No of decisions given by each judge must be loaded in portal/website. People faith must be restored by speedy disposal of the matters. more
Nov 13
The PG qualifications (good academic record), minimum 20 years experience at High Court/Supreme Court, Good health, clean record should be made compulsory for appearing for the written test through UPSC. The collegium should only hold the interview. Two members of collegium should be from outside, like Chairman of UPSC and a reknowned professional from other fields. Such membership should be for 2 years max. There should be no reservation to any class. This collegium should be empowered to transfer & removal of judges in case of any sort of misconduct, inefficiency & corruption. Under the present system, there is no scope for removal of any judge for any wrong act. For impeachment, the decision is totally political which further leads to miscarriage of justice. more
Nov 11
here i would like to add a few ....the recruitments thqt are going on are very fradsupportive ...like OMRs being written in pencil/ no answer copy for the examinee and open declaration of answers / selected candidates and viva voice ....and i kno that more
Nov 10
