Uncle Judge Syndrome: Collegium System And Controversy Surrounding It

The system to nominate judges has been a controversial problem between the judiciary and the legislature. While the federal government needs to have a say within the appointment of judges, the Supreme Court headed by the Chief Justice of India has been in opposition to any change in the established order. In the previous, even many justices have expressed their voices in opposition to the collegium system. The rift between the federal government and the judiciary has reportedly elevated after the nixing of the National Judicial Appointments Commission (NJAC). Now let’s let you know what are collegium system and the NJAC:

Collegium System

The Collegium System is a technique of appointment and switch of judges to increased courts, notably the Supreme Court and High Courts. Initially, the Constitution of India empowered the President to nominate judges in session with the Chief Justice of India and different senior judges. However, considerations about political affect and interference led to the event of the Collegium System. Under the Collegium System, the appointment and switch of judges are primarily dealt with by a physique consisting of the Chief Justice of India and a bunch of senior judges of the Supreme Court. Their advice is then despatched to the federal government for ultimate approval. 

National Judicial Appointments Commission

The Central authorities had introduced the NJAC to exchange the present Collegium System. The NJAC had six members- the Chief Justice of India, two senior-most Supreme Court judges, the Union Minister of Law and Justice, and two eminent individuals nominated by a committee of the Prime Minister, the Chief Justice, and the Leader of the Opposition within the Lok Sabha). The NJA was dropped at introduce a system the place the chief had a job in judicial appointments. However, the NJAC was met with controversy and in October 2015, the Supreme Court declared the NJAC unconstitutional and void, successfully reinstating the Collegium System.

Accusation Against Collegium System

According to critics of the collegium system, it lacks transparency and promotes favouritism together with the ‘uncle decide syndrome’. The collegium members have been accused of favouring kinfolk of earlier justices or judges within the appointments. Justice Kaul, who retired from the Supreme Court on December 25, not too long ago stated that the ‘uncle decide syndrome’ has been an issue as many individuals imagine that the collegium system is a bit tilted in direction of judges’ kin. Former Union Minister Upendra Kushwaha had additionally stated that solely 250-300 households have despatched judges to the Supreme Court. In 2014, a report said that each third decide within the Punjab and Haryana High Court was an ‘uncle’ to somebody. 

While Chief Justice of India Dhananjaya Yeshwant Chandrachud backed the collegium system, Justice Kaul has stated that the NJAC might have labored with some modification nevertheless it was nixed earlier than it might take off. These remarks by senior judges have once more opened the ground for debate on the collegium system.