New Delhi: A former Delhi High Court judge, Justice Rekha Sharma, has criticised India’s judicial appointment system, saying the Collegium System works much like the government’s process of appointing judges. She raised concerns about favouritism, political influence, and the lack of accountability in judicial appointments. Her remarks have renewed the debate over how judges are selected for the Supreme Court and High Courts.
What Did Justice Rekha Sharma Say About The Supreme Court Collegium System
Justice Rekha Sharma said that the Collegium System has failed to solve the problems associated with judicial appointments. According to her, the system was introduced to reduce government control, but it has created other concerns.
She argued that appointments can still be influenced by personal preferences, political considerations, and relationships. In her view, the system needs greater transparency and accountability.
How Does The Supreme Court Collegium System Work
The Collegium System is the process through which senior judges recommend the appointment and transfer of judges in India’s higher judiciary.
For Supreme Court appointments, the Collegium is led by the Chief Justice of India and includes other senior Supreme Court judges. High Court appointments and transfers also involve the relevant judicial Collegium and the government. The system developed through Supreme Court judgments rather than through a detailed procedure written directly into the Constitution.
Why Was The Collegium System Introduced
Earlier, the government had a greater role in judicial appointments. Concerns arose that political influence could affect the selection of judges.
Through a series of important judgments, the Supreme Court established the Collegium System. Its main purpose was to protect judicial independence and reduce the possibility of direct political control over appointments. However, critics argue that a system designed to protect judicial independence must also be open to public scrutiny and fair decision-making.
Justice Sharma Raises Concerns About Favouritism And Nepotism
Justice Sharma questioned whether the Collegium System has successfully removed favouritism from judicial appointments. She argued that personal connections and family relationships can raise concerns about fairness.
She referred to examples involving judicial appointments and recommendations to support her criticism. Her remarks highlighted the need for clear standards and consistent procedures when selecting judges. However, allegations or questions about individual appointments should not automatically be treated as proof of wrongdoing. Each case needs to be assessed on its own facts.
Concerns Over Judicial Accountability
Justice Sharma also discussed the importance of holding judges accountable for their conduct. She referred to controversies involving judicial remarks and questioned whether the existing system responds adequately to such situations.
Her comments raised a wider question: how can India protect the independence of judges while ensuring that they remain accountable for their actions?
Judicial independence is essential for the rule of law. At the same time, public confidence depends on fair procedures, responsible conduct, and trust in the justice system.
Bail And Delays In Criminal Cases
Justice Sharma also expressed concern about delays in criminal cases and the continued detention of people awaiting trial.
She highlighted the principle that bail should generally be the rule and jail the exception, subject to the facts and legal requirements of each case.
Long delays can cause serious difficulties for accused people who remain in custody while their cases are pending. Timely hearings and effective case management are therefore important parts of a fair justice system.
Read also: Article 222 and Collegium System: Government Details How High Court Judges Are Transferred
FAQs
Justice Rekha Sharma criticised the system over concerns about favouritism, nepotism, political influence, and limited accountability in judicial appointments.
The Collegium System is the process through which senior judges recommend appointments and transfers of judges to the Supreme Court and High Courts. It developed through Supreme Court judgments.
Under the constitutional process, Supreme Court judges are formally appointed by the President of India. The Collegium System plays a central role in recommending candidates for these appointments.
