HPAS/Allied Mains 2022 Answer Writing Challenge Day 103 : Model Answer

Question: Analyse the contentious issues related to judicial postings and promotions in India.  (8 marks)

Answer:

An effective judiciary forms the bed rock of functional democracy. However many contentious issues related to judicial postings and promotions have been raised recently.

Contentious issues related to judicial postings and promotions

• Collegium system is hampering transparency in judicial postings and promotions. National Judicial Appointment Commission (NJAC) bill was struck down by the Supreme Court. Collegium system has failed to fill the vacancies on time. Question against the quality of judges have also been raised.
• Conflict of Interest of Judges: Judges must recuse themselves to avoid conflict of interest. Judiciary must bring itself under effective ambit of RTI act. Judges must declare their assets and relevant information proactively.
• Corruption and favouritism in transfer and posting: Corruption and favoritism in transfer and posting as highlighted by justice Kehar in his report.
• Poor gender representation in judiciary: There are only eleven women judges in Supreme court in past 71 years with no women Chief Justice.
• Political interference: Justice HR Khanna was denied the post of CJI Justice Khanna due to his dissenting judgement during emergency. Maintenance of ‘separation of power’ is essential for independence of judiciary.

Judicial postings and promotions form the core of effective judiciary. Rule of law and justice in society is critically dependent on it. It must be done with transparency, accountability, efficiency.  Judicial postings and promotions form the core of effective judiciary. Rule of law and justice in society is critically dependent on it. It must be done with transparency, accountability, and efficiency.